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Full text of "Cobbett's complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the present time ... from the ninth year of the reign of King Henry, the Second, A.D. 1163, to ... [George IV, A.D. 1820]"

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From  the  Jarboe  LUfrary 


'I 


t 


'l-^ 


■w 


I 


Lately  published. 

The  Twelfth  Volume  of 

THE  PARLIAMENTARY  HISTORY  OP  ENGLAND, 

From  the  Earliest  Period  down  to  the  Year  1803. 

[VoL  XIH.  wiU  be  published  in  December.^ 

Aho, 
THE   PARLIAMENTARY   DEBATES, 

From  the  Year  1803  to  the  present  Time. 

The  Tw|£NT*-piiisT,  TwENT^'SEcoND,   ttiid   TwENTY*TnmD   VolumeB   of 
Work,  comprising  the  Debates  in  both  Houeefi  of  Parliament  during  the  Sesa 
1812,  are  ready  for  deUwry, 

%♦  Subscribers  who  may  not  hiTFe  completed  their  Sets  affe  requested  to  m 
Immediate  application  for  the  Volumes  wanted,  as  the  Proprietors  will  not  engagi 
supply  aoy  Odd  Volumes  ai^er  the  first  of  January  1813* 

[Complete  Sets  m&y  atlU  be  had*] 


State   Trials. 


VOL.   XVI. 


NOTE  TO  THE  READER 
FRAGILE 

THE  PAPER  IN  THIS  VOLUME  IS  BRITTI E 

PLEASE  HANDLE  WITH  CARE 


COMPLETE  ::GQfc LECTION 


...  •o]^ •  •:*• ..•;  ;:•••• 


Stite    Trials 

AKD 

PROCEEDINGS  FOR   HIGH  TREASON  AND  OTHER 
CRIMES  AND  MISDEMEANORS 

nOM  TOE 

EARLIEST  PERIOD  TO  THE  PRESENT  TIME, 
WITH  IfOTES  AJ^D  OTHER   ILLUSTRATIOJfS 

COMPILED  BY 

T.  B.  HOWELL.  Esq.  F.R.S.  P.&A. 


VOL.  XVI. 
A.D.  1722—1725. 



LONDON: 

PRINTED  BY  T.  C  HANSARD,  PETERBOROUGH-COURT,  FLEET-STREBTs 

ijDNOMAN,  HURST,  REES,  ORME,  it  BROWN ;  J.  RICHARDSON ;  BLACK, 
PARRY,  &  CO. ;  J.  HATCHARD  ;  £.  LLOYD  ;  E.  BUDD  ;  J.  FAULDER; 
B.  JEFFERY ;  J.  BOOKER ;  CRADOCK  Ik  JOY ;  R.  H.  SVANS ;  J.  BOOTHi 
KKD  T.  C.  HANSARD. 

1813. 


1  tiH:\74 


TABLE   OF  CONTENTS 


TO 


VOLUME  XVI. 


REIGN  OP  KING  GEORGE  THE  FIRST. 

Page 
461.    The  Trial  of  HUGH  REASON  and  RpBERT  TRANTER, 
at  the  King's-Bench,  for  the  Murder  of  Edward  LuttereD,  esq* 

▲.p.  nas < -...M i 1 

4SS.  The  Trial  of  JOHN  WOODBUENE  and  ARUNDEL  COKE,  esq. 
at  Sufiblk  ABsizes,  for  Felony,  in  wilfully  ditting  the  Nose  of 
EDWARD  CRISPE,  gent.  a.d.  1722 54 

463.  The  Trial  of  CHRISTOPHER  LAYER,  esq.  at  the  King*«.Bench, 

for  High  Treason,  a.  d.  1722    9$"^' 

464.  Proceedings  in  Parliament  agunst  JOHN  PLUNKETT,  GEORGE 

KELLY,  alias  JOHNSON,  and  Dr.  FRANCIS  ATTERBURY, 
Bishop  of  Rochester,  upon  Bills  of  Pains  and  Penalties  for  a  Trea- 
sonable Conspiracy,  a.d.  1723 324 

465.  The  Trial  of  EDWARD  ARNOLD,  for  Felony  (in  maliciously  and 

wilfully  shooting  at,  and  wounding,  the  Right  Hon.  the  Lord  ' 

I  Onslow  )y  at  the  Assizes  held  at  Kingston  upon  Thames,  in 
Surrey,  March  20,  a.d.  1724     693 

I  The  Trial  of  THOMAS  Eari  of  MACCLESFIELD,  Lord  High 
Chancellor  of  Great  Britain,  befdlie  the  House  of  Lords,  for  High 
Crimes  and  Misdemeanors  in  the  Execution  of  his  Office,  a.  d. 
1786 76T 


ERRATA  in  this  Volume. 

Pagee4i6f  UlBnf  Ndefjor,  'nz.  to  the  maintenanoe  of  the  Dogma,  read,  to  th» 
iii^iitetiaiiGey  for  inBtance,  of  the  Dogma. 

Page  M9|  L  ^ofNote^Jbrf  Pope's  sneer,  readf  the  sneer  of  Atterbury's  friend  Pope. 


A    COMPLETE    COLLECTION 

OF 

STATE    TRIALS, 


461.  The  Trial  of  Hugh  Reason  and  Robebt  Trai^tek,  at  the 
KingVBench,  for  the  Murder  of  Edw^ard  Luttcrell,  esq.  HiL 
&  Gkokge  I.  A.  D.  1722* 


February^,  1732. 

kBoen  Rci^. — DoMiNut  Rex  ver.  Huoonem 
ReaBOM  et  ItoBERTUM  I'eamter. 

.    TV  I  odictineot  win  as  follows : 

*  T HE  Jury  present,  that  Huffh  Reason  and 
BoWrt  Trmoter,  not  ha?iii^  the  &ar  of  God  be- 
fcvr  tlicir  eyes,  but  beio(r  moired  and  seduced 
Ik  the  instigation  of  tb«  devil,  the  17tb  day  of 

'  This  Case  is  rejiorted  in  1  iSirauge  499,  as 
laws: 

DoMiKus  Rex  v.  Reason  and  Tranter. 

*<  The  defendants  bein^  indicted  by  the  grand 
JHT  ttiat  attends  the  Court  of  B.  R.  tor  the 
Mnler  ot  Mr.  Luttereil,  Mere  brouj^ht  up  to 
tyt  bar  and  arraigned,  and  pleade<I  Not  Guilty  ; 
BB«i  M\y*fk  their  request  were  remanded  to  New- 
fate,  instead  of  being  turned  over  to  the  inar- 
siial. 

"  Upon  the  Trial  (which  was  at  bar)  we  who 
were  counsel  for  the  king  offered  to  give  in 
fvidence  several  declarations  made  by  the  de- 
emed on  his  dt-ath-bed,  whereby  he  charged 
ike  defendants  with  barbarously  murdermg 
kn,  aud  without  much  hesitation  the  Court 
kl  OS  ixito  thai  evidence.  Whereupon  we  call- 
id  a  clergyman  who  attended  him,  and  he 
»are  that  l>eing  desired  by  some  friends  of  the 
l^odants  to  press  Mr.  Lutterell  to  declare 
*te  provocation  he  had  given  the  defendants 
to  Me  hint  in  that  manner  ;  he  declared  upon 
Aanivation,  that  as  he  was  a  dying  man  he 
J^  them  DO  provocatilb,  but  they  barbarously 
^  'ercd  him :  that  in  the  afternoon  of  the 
di^v,  two  justices  of  the  peace  being  pre- 
M  hmving  given  him  bis  oath,  he  made 
r  aod  more  particular  declaration  to  that 
•.  wbich  the  witness  at  the  desire  of  the 
-mIl  down  in  writing,  hut  Mr.  Luttcrell 
■■^  io  write,  it  was  not  signed  by 
"%«  w«  did  not  deliver  it  in. 


m 


Ootebcr  last,  about  the  boor  of  t«D  of  the  clock 
in  the  forenoon  of  the  said  day,  by  force  and 
arms,  at  the  parish  of  St.  Clement  O^mea,  in 
the  county  of  Middlesex,  in  and  ujaon  one  £d« 
ward  )«ntterell,  esq.  in  the  peace  or  God  and  of 
our  sovereign  lord  the  king,  then  and  there 
being,  fek>nioos1y,  Toluntarily,  and  of  their 
malice  aferetbougbt,  did  iqako  an  amalt ;  and 
that  the  said  Hugh  Reason,  with  a  nktol  of  tko 
▼ailue  of  6i.  then  and  tfaefO  charged  wfth  gun- 

And  the  same  witness  proved,  that  upon  hia 
administering  the  sacrament  to  him  lie  ex- 
horted him  in  (he  most  proper  manner  to  deal 
ingenuously,  and  declare  once  more,  whether 
there  was  no  provocation  given  by  him,  and 
whether  he  would  stand  by  the  account  be  had 
before  given ;  upon  which  the  deceased  an- 
swered, that  as  he  hoped  to  be  judged  at  the 
last  day,  it  was  every  syllable  true,  and  soon 
afler  expired. 

"  When  this  gentleman  had  finished  his  evi- 
dence, the  Court  called  upon  ns  to  produce 
the  paper  that  had  beon  written  from  the  mouth 
of  the  deceased,  saying  that  was  better  evi- 
dence than  the  memory  of  the  witness ;  where- 
upon we  acquainted  the  Court,  that  we  had  not 
the  original,  it  being  in  the  custody  of  one  of 
the  justices,  whom  going  to  subpoena  we  found 
he  was  in  Wales  ;  hut  the  clergyman  said  he 
had  a  copy  of  it,  which  he  took  for  his  own  sa- 
tisfaction, before  he  delivered  in  the  original  to 
the  coroner,  and  he  offered  to  swear  this  to  be 
a  true  copy. 

"Whereupon  a  debate  arose,  whether  this 
copy  was  evidence  or  not :  we  who  were  for 
the  king  insisting,  that  the  first  paper  being 
only  the  writing  of  the  witness,  not  signed  by 
the  examinant,  this  which  he  now  produced, 
was  as  much  an  original  as  that.  But  the 
Court  refused  to  let  it  be  read,  unless  we  could 
shew  the  original  was  lost,  whereas  it  appeared 
we  might  have  had  ii  to  produce,  if  we  had 
sent  after  it  io  time. 

B 


8] 


8  GEORGE  I.         Trial  of  Hugh  Reaton  and  Robert  TratU&f        [4 

there  by  the  force  of  the  laid  powder,  the  laid 

'  K>n  the  right  part  of 

Luttcrel  I,  under  tb« 

igrht  |Ki|>  of  tiie  said  Edward  Liitterell,  then 

tnd  there  feloniously,  ?ohintarUy,  and  of  his 


powder  and  leaden  bullets ;  which  said  pistol 
the  said  Hiigfh  Reason  in  his  rig^ht  hand,. then 
and  there  had  and  held  into  and  aflrainst  the 
aforesaid  Edward  Liitterell,  then  and  there  felo- 
niously und  of  his  malice  aforethought  did  shoot 
oflT  and  discharge  :  And  that  the  said  Hu(;h 
Reason  with  leaden  bullets  aforesaid  issuing 
and  shot  off  out  of  the  pistol  aforesaid,  then  and 

**  It  was  then  objected  by  the  chief  jnstice, 
that  since  the  written  evidence  was  not  pro- 
duced, the  whole  CTidence  of  the  deceased's 
declarations  ought  to  be  rejected,  for  the  first, 
second  and  third  being  all  to  the  same  effect, 
are  but  one  fact  of  which  the  best  evidence  was 
not  produced ;  and  therefore  he  was  of  opinion, 
that  we  could  not  be  let  in  to  give  any  account 
of  the  first  and  third  conference. 

**  But  the  other  judges  were  of  opinion  we 
might,  saying  they  were  three  distinct  facts, 
and  there  was  no  reason  to  exclude  the  evi- . 
dence  as  to  the  first  and  third  declaration, 
merely  because  we  were  disabled  to  give  an 
account  of  the  second. 

**ThereuiHm  the  witness  was  directed  to 
repeat  his  evidence,  laying  the  examination  be- 
fore  the  justices  out  of  the  case,  which  he  did 
accordingly. 

**  And  upon  the  whole  evidence  the  fact 
(upon  which  the  question  of  law  arose)  was 
this: 

*<  The  defendants  were  officers  of  the  she- 
riff of  Middlesex,  and  bad  a  warrant  to  arrest 
Mr.  Lutterell  lor  10/.  thev  arrested  him  com- 
ing out  of  his  lodgings,  whereupon  be  desired 
them  to  go  back  with  him  to  his  lodgings,  and 
he  would  pay  the  money.  They  complied 
with  this,  and  Reason  went  up  with  him  into  the 
dining-room,  having  sent  Tranter  to  the  attor- 
ney's for  a  bill  of  the  charges.  Whilst  Reason 
and  the  deceased  continued  together,  some 
words  passed  between  them  in  rdution  to  civi- 
lity-money, which  Mr.  Lutterell  refused  to 
give,  and  thereupon  went  up  another  pair 
of  stairs  to  order  his  lady  to  tell  out  the  money, 
and  then  returned  to  ICeason  with  two  pistols 
in  his  breast,  which  upon  the  importunity  of 
the  maid  he  laid  down  upon  the  table,  and  re- 
tired to  the  fire  which  was  at  the  other  end  of 
the  room,  declaring  he  did  not  design  to  hurt 
the  defendants,  but  he  would  not  be  ill  used. 

*<  By  this  time  Tranter  returned  from  the 
attorney's  with  the  bill,  and  being  let  in  bv  the 
boy  went  directly  up  stairs  to  his  partner,  being 
followed  by  the  boy,  who  swore,  that  as  he  was 
upon  the  stairs  (Tranter  being  that  minute  p^ne 
into  tlie  dining-room)  he  heard  a  blow  given, 
but  oiiuld  not  tell  by  whom,  and  Ihereunon 
hastening  into  the  room  he  found  Tn^uter-nad 
run  the  deceased  up  against  the  ckset  door, 
and  Reason  with  his  sword  stQhbing  him.  Mr. 
Lutterell  soon  sunk  down  upon  the  ground,  and 
begged  for  m^rcy  ;  but  Reason  standing  over 
hiuj  continued  to  stab  him,  till  he  had  wounded 
him  in  nine  places. 

'*  By  this  time  the  maid  camcfo,  and  seeing 
ker  mantcr  in  that  pof tart,  she  and  the  boy  cuu 

8 


Edwartl  Lutterell  in  and  upon  the  right  psrt  of 
the  body  of  the  said  Edward  Li 
right 
and 

malice  aforethought  struck :  and  that  the  said 
Hugh  Reason  then  and  there  feloniously,  vo- 
luntarily, and  of  his  malice  aforesaid,  gave  to 

out  for  help,  and  immediately  heard  one  of  tb« 
pistols  go  off,  and  presently  af\cr  the  second, 
which  a  woman  looking  out  at  uindow  on  the 
other  side  the  way  proved  to  be  fired  by  Rea« 
sou  ;  and  several  people  upon  the  alarm  of  the 
maid  coming  into  the  room  found  Mr.  LuttercH 
upon  the  ground  where  the  maid  left  him, 
without  any  sword  or  pistol  near  him. 

**  Upon  the  defendants'  evidence  it  appeared, 
that  Mr.  Lutterell  had  a  walking-cane  in  his 
band,  and  that  Tranter  had  a  scratch  in  hit 
forehead,  which  might  be  probably  a  blow  with 
the  cane,  and  the  blow  heard  by  the  boy  upoe 
Tranter's  first  going  into  the  room.  And  one 
of  the  surgeons  deposed,  that  the  deceased  had 
made  such  declarations  to  the  clergyman,  but 
this  witness  aAerwards  being  alone  with  Mr. 
Lutterell  pressed  him  verv  earnestly  to  discover 
the  truth,  upon  which  Air.  Lutterell  did  say, 
that  he  believetl  he  might  strike  one  of  them 
with  his  cane,  before  they  run  him  through. 

**  Upon  this  the  question  arose ;  whether 
Mr.  Luttcrell's  striking  one  of  the  bailiflfs  firS^ 
would  reduce  the  subsequent  killing  to  be  man- 
slaughter only  ? 

**  For  the  king  it  was  argued,  that  Dotwith- 
standing  such  stroke  the  defendants  would  be 
guilty  of  munler,  that  not  being  a  sufficient 
provocation  for  giving  the  death's  wound  with 
the  pistol :  and  for  this  Hollo  way's  case,  Cro. 
Car.  139,  and  Kelying  127,  were  cited,  where 
the  woodward  finding  a  boy  in  the  park  who 
came  to  steal  wood,  tied  him  to  a  horse's  tail 
in  order  to  correct  him,  the  horse  run  away 
and  the  boy  was  killed :  and  this  was  aiyudged 
to  be  murder,  because  the  tying  him  to  the 
horse's  tail,  being  an  act  of  cruelty,  for  which 
no  sufficient  provocaiion  had  been  given,  he 
was  answerable  for  all  the  consequences  of  it. 

*'  The  defendants  insisted,  that  the  bringing 
down  the  pistols  was  a  sufficient  alarm  to  them 
to  be  upon  their  guard ;  and  then  when  he 
struck  one  of  them,  it  was  reasonable  for  them 
to  apprehend  themselves  to  be  in  danger ;  and 
in  snch  case  a  prudent  man  would  not  leave  it 
any  longer  in  the  power  of  his  adversary  to  do 
him  any  further  mischief. 

"  To  this  it  was  answered  by  the  counsel  for 
the  king,  that  if  Mr.  Lutterell  had  continued  to 
keep  tlie  pistols  in  his  bosom,  there  might  be 
some  colour  for  an  apprehension  of  danger ; 
but  the  contrary  appearing,  viz.  that  he  was 
at  a  distance  from  the  pistols,  with  the  defen- 
dants between  him  and  them  ;  they  had  do 
ground  to  fear  any  harm  upon  that  account : 
and  tlie  death's  wound  was  given  afler  Mr. 
Lutterell  was  felleo jdown  with  the  woiiiida  be 
had  received  with  the  sword,  and  was  cntirelj 


'  iXc  Murder  ofEiitvard  Luttcrell,  ttq> 


I  JS^ih^td  Latteretl,  with  the  leaden  lul- 
ii«l,  «if«i  of  itt^  said  pistul  ttien  nnil 
lijf  t^  I  iii  fiowiltfr  Hljot  olf  unit 

#«Mf|fri:  t  the  n(;ht  purl  of  the 

bif  ■!  tlic  ».-L]fi  t^Ow:i]d  Liilterellf  umler  the 
^^  Mfi  of  tbe  futtil  EdMf  art)  Liitlf  reJK  one 
MHalwoiittii  of  *^  f  ^irlil)  of  one  inch,  Qud 
irlM^  of  OIL  .  of  which  ^itl  mortal 

mmilkmmal  !.....„;  v.  Luiterelf,  Irotn  the  suit! 
MiMirsf  IbcMtd  17ih<hi)'  of  Octoht^r,  until 
^Offckocir  Id  tiii^  aftpijiooti  of  the  f>aij  if^y 
bb||Bid»ed«  ..  |*^hin^  livet),  at  which 

Mi  Mr  tl»e   £.  I      'Krd   Lnltere!!,  at  the 

l^^  «farr»tii,  of  Uie  %vouHtl  aforesaid,  died : 
hi  dol  lJi«  said  iioberl  Tmnter  at  the  time  ^f 
iW  Ukmy  and  m order  aforesaid,  by  the  satil 
fit^  RcmMi  in  makiiner  and  form  :iforesaid, 
liMvity,  foluiiCarily,  and  of  bin  iiiulicearore- 
«i  CMmmlil^  and  perpetmted,  relotiiousTy, 
M<ag«nJ¥.         ■      '   '  [  there 


^pr^n:  lom- 

^anmtt  tbe  lelony  aud  mitrder  in 

i^ptraAil  fori.  r],     Aud  the  jury  say, 

itttlKtaid  Hii.  II  iind  Robert  Tranter 

Ib^  md  Bdwa  ^  d  L^  >  :  i  in  matiner  and  form 
^  at  Ibe  parish  and  cotitity  afor^oid, 
i»tj»  iroliiutarily,  and  of  tfieir  malice 
,  did  kill  and  murder,  against  bis 
ft|nijf*f  pea<^/'  £cc. 

Ta  ihsi  Indictment  tliey  severally  pleudr d, 
W  0iiilrtj,  »nd  on  February  3|  were  brotij^ht 
•  %r  Rifi^'a- bench  bar  to  receiTC  their  Tr in! , 

vM  pfvccedrd  in  the  following^  manner : 

Orrk  fif  tAe  Crmvn.  You  the  prisoners  at 
iilv,  tbear  men  which  you  ^hatl  hear  called 
mi  ftotmtAiy  apnea r,  are  to  pa^s  between 
m^  ■riaiigg  turn  the  kin^  and  you  upon 
As  iral  w  ymir  several  h vis  and  deaths;  if 
tai  ■ill  diml)efi.:e  them  or  atiy  ot  ihfin,  yon 
ftHt  4a  k  as  they  come  to  tbe  book  lo  be 
99m%  Mvre  Ihey  are  sworn* 

Robert  DemieSf  esa.  challenged » 

Fiaoiaa  Li^e,  eaq*  chalten^. 

Ji«*«  flaWy,  esq.  challen^eil, 

Bttet  Stitton,  challenged, 

BcBJamin  Drake*  chtillen^ed. 

Eliaard  OrtMne,  cbaltenged. 

Uidkmtd ":  hailenged. 

U  Gtk  mr. 


mf 


cf  of  tlie  dcfesdanti  :    ao  thnt  what 

aUcnrards   i*^»  murder  in   them, 

H  «xccfd«d  tbe  bounds  of  self-preser* 


**  B^ltlDe  Court  in  the  direction  of  the  jury 
iipmmhtlf  declare,  thntif  they  lietiered  Mr. 
LMcrtD  made  the  (U  '  spon  thebiiiHfts, 

ttabl&aff'  with  (he  i  he  was  down 

^aMbravCma  r,  und  the  jury  njton 

flMt  AradioQ  fpi  L^uilty  of  munslau^h- 

tV  inl J,  dMiqgb  otrterw»5e  they  were  di«[M>bed 
liWay»ped  tbcm  for  the  barbarity  of  the 

*«TW  MkodmnlM  prayad  tbe  benefit  of  the 
#oae.  «a4  ircrv  liitnil  in  tbt  bind. 


9.  William  Pannell,  jur 
John  1^1  ills,  challenged, 

3.  Thomas  Bee liiu^^ton,jtir. 

4.  Abraham  Harrison,  jur. 

5.  Charles  Maddockjur. 

6.  Edward  Bosrilef  jur. 

7.  John  Parsons,  jur. 

8.  Thomas  Cnihb«;rif  jur* 

9.  Thomas  Chff,jur- 
10.  Miles  Harper,  jur. 
IK  ilober t  Kent,  j ur .     And 
12,  John  Salt^jur. 

Clerk  of  the  Croten. 
mation. 


Crj^er,  make  Prcwlt- 


Cryer,  O  Yes,  ikc-  If  any  one  can  inform 
our  sovereign  lord  the  king's  justices^  the  king*a 
Serjeants  J  or  the  king^s  ailoruey,  of  the  felony 
and  murder  whereof  the  priiioners  stand  in* 
dieted  iHifoie  this  inquest  be  taken  between  our 
sovereign  lord  the  kine^  and  the  prisoners  at 
the  bar,  let  them  come  forth  and  they  shall  be 
lieanl,  for  the  prisoners  now  stand  at  the  bar 
upon  their  deliverance. 

Cierk  of  the  Croum.  Hugh  Reason,  hold 
up  y<mr  hand  ;  Robert  Tranter,  hold  up  your 
hand. 

Gentlemen  of  the  jury,  look  upon  tbe  pri- 
soners and  hearken  to  their  cause ;  they  stand 
indicted^  for  that  Ihcy  not  havinjj  the  fear  uf 
God  before  their  eyes,  but  being  moved  and 
seduced  by  the  instigation  of  the  devil,  the  17tli 
day  of  October  last,  about  the  hour  often  (if  the 
clock  in  t lie  forenoon  of  the  said  day,  by  force 
and  arms,  at  the  parish  of  St.  Clement  Danes 
in  the  county  of  Middlesex,  in  and  upon  one 
Edward  Lutleretl,  e^.  in  the  peace  of  Go<l  and 
of  our  sovereign  lord  the  king,  then  and  there 
being  felon iou^ly^  voluntarily,  and  of  their  ma- 
lice  aforethought^  did  make  an  a^^nlt ;  and  that 
tbe  said  Hugh  Reason,  with  a  pistol  uf  the  raltie 
of  51.  then  and  there  cbarg^ed  with  gunpowder 
aod  leaden  bullets  ;  which  said  nis to!  the  said 
Hugh  Reason  in  bis  right  hand  tliea  and  there 
bad  and  held  into  and  against  the  aforesaid 
Edward  Lutterell,  then  and  there  feloniouslvt 
and  of  his  malice  aforethought,  did  shoot  off" 
and  discharge:  And  that  the  said  Hutrh  Rea- 
son with  the  leaden  bnlkts  aforesaid,  issuing  and 
shotoff  outof  the  piiilol  aforesaid,  then  ond  there 
by  the  force  of  the  said  powder,  the  said  l£dward 
Lutterell  in  and  upon  the  right  part  of  tlie  body 
of  tbe  said  Edward  I^nttercll,  under  tbe  right 
pap  of  the  said  Edward  Lutter  ell,  then  and  thera 
feloniously  J  voluntarily,  and  of  bis  malice  afor^ 
thought  struck  ;  And  that  the  said  Hugh  Rea* 
son  then  and  there  feloniously,  vohmiarily,  and 
of  his  malice  aforesaid,  gate  to  the  said  Ed- 
ward Lutterell,  with  the  leailen  bullets  afore* 
said,  out  of  tbe  said  pislul  then  and  there  by 
force  of  the  said  powder  sliot  off  and  discharged 
in  and  against  the  right  part  of  the  knly  of  the 
said  Edward  Lullerell,  one  murlal  wound  of 
tfie  breadth  of  one  inch,  and  the  depth  of  nine 
inches,  of  which  said  mortal  wound  the  said 
Edward  Lutterell,  from  the  said  10th  hour  of 
tbe  said  17th  da)r  of  Octoberi  uQttl  the  lOlll 


4 


i 


I 


7J 


8  GEORGE  I.         Trial  of  Hugh  Reason  and  Robert  Tranter^        [8 


hour  in  the  afternoon  of  the  said  day  he  lan- 
flfuished,  and  lanffuishinfi^  lived,  at  which  said 
hour  the  said  EdWard  liUttercU,  at  the  pa- 
rish aforesaid,  of  the  wound  aforesaid,  died : 
Aud  tlint  the  said  Robert  Tranter  at  the  time 
of  the  felony  and  murder  aforesaid,  by  the 
said  Hu>rh  lieason  in  manner  and  form  afore- 
said, feloniously,  voluntarily,  and  of  his  malice 
aforesaid,  committed  and  perpetrated,  feloni- 
ously, voluntarily,  and  of  his  malice  aforesaid 
there  was  present,  aiding,  abetting^,  assisting, 
comfortin((  and  maintainingf  the  said  Hugh 
Reason  to  commit  the  aforesaid  felony  and 
murder  in  manner  and  form  aforesaid.  And 
the  jury  say,  that  the  said  H  ugh  Reason  and 
Robert  Tranter  the  said  Edward  Lutterell  in 
manner  and  form  aforesaid,  at  the  parish  and 
count)^  aforesaid,  feloniously,  voluntarilv,  and 
of  their  malice  aforethought,  did  kill  and  mur- 
der against  his  maiesty's  i>eace,  &c. 

They  likewise  stand  charged  on  the  coroner's 
inquest  for  the  said  murder. 

Upon  this  indictment  they  have  been  ar- 
raigned, and  thereto  have  pleaded  Nut  Guilty  ; 
and  for  their  trial  have  put  themselves  upon 
Goil  and  their  country,  which  country  you  are: 
your  chaise  is  to  enquire  whether  they  be 
Ifuilty  of  this  felony  antl  murder  in  manner  and 
form  as  they  stanu  indicted,  or  not  guilty  ;  if 
you  find  them  guilty,  you  shall  inquire  what 
goods  or  chattels,  lands  or  tenements  they  had 
at  the  time  of  the  said  felony  and  munler  com- 
mitted, or  at  any  time  since :  if  you  find  them 
not  guilty,  you  bliall  enquire  whether  they  fled 
for  it :  if  you  find  that  they  did  fly  for  it,  you 
shall  enquire  of  their  goods  and  chattels  as  if 
you  found  them  guilty  ;  if  you  find  them  not 
guilty,  aud  that  they  did  not  fly  for  it,  say  so 
and  no  more,  and  hear  your  evidence. 

Air.  Strange.  May  it  please  your  lordship, 
and  you  gentlemen  of  the  jury,  I  am  counsel 
in  this  case  for  the  king.  This  is  an  indict- 
ment against  the  defendants  Hugh  Reason  and 
Robert  Tranter  for  the  murder  of  Mr.  Lutterell. 
The  indictment  sets  forth,  that  the  defendants 
not  liuvhig  the  fear  of  God  hef«>re  their  eyes, 
but  being  moved  anil  seduced  by  the  instigation 
of  the  devil,  on  the  17ih  of  October  last  at  ten 
of  the  clock  in  the  morning,  in  the  parish  of  St. 
Clement  Danes  in  the  county  of  Middlesex,  did 
make  an  assault  on  Edward  Lutterell,  esq. 
that  the  defendant  Hugh  Reason  with  a  pistol 
charged  with  gunpowder  and  bullets,  which 
he  then  and  there  held  in  his  right  hand,  into 
anil  against  the  said  Edward  Lutterell  then  and 
there  feloniously,  and  of  his  malice  afore- 
tlmught  did  sImk)'.  o/T  and  discharge,  and  that 
the  prisoner  Hiigli  Reason,  with  the  leaden 
bullets  aforesaid,  issuing  and  shot  off  out  of  the 
pistid  aforesaiil,  then  and  there  by  the  force  of 
the  saifl  powder  the  said  Edward  Lutterell,  in 
and  up«m  the  right  part  of  the  body  of  the  said 
Ed w aril  Lutterell,  under  the  right  pap  of  the 
said  Edward  LuUerell,  then  and  Uieie  Mm. 
niouslv,  voluntarily  ami  of.liia  mfir* 

Aoi^Ltiiiriick,  ^  lut  dMna  nmi 


then  and  there  feloniously,  wilfully,  and  of  his 
malice  aforethought  did  give  to  thesaid  Edward 
Lutterell,  with  the  leaden  bullets  aforesaid,  out 
of  the  said  pistol,  then  and  thereby  force  of  the 
powder  shot  off  and  discharged  in  and  against 
the  right  part  of  the  body  of  the  said  Edward 
Lutterell,  under  the  right  pap  of  the  said  Ed- 
ward Lutterell,  one  mortal  wound  of  the  breadtli 
of  one  inch,  and  the  depth  of  nine  inches,  of 
which  mortal  wound  the  said  Edward  Lutterell, 
from  the  said  10th  hour  of  the  said  17th  of 
October,  to  the  10th  hour  in  the  afternoon  of  the 
said  day  languished,  and  languishing  lived,  at 
which  time  the  said  Edward  Lutterell  at  the 
parish  aforesaid,  of  the  wound  aforesaid,  died  r 
and  that  the  other  defendant,  Robert  Trauter, 
was  aiding  and  assisting  the  said  Hugh  Reaaon 
to  commit  the  said  felony  and  murder  in  man- 
ner and  form  aforesaid,  and  that  they  the  said 
Hugh  Reason  and  Robert  Tranter,  the  said 
Edward  Lutterell  in  manner  and  form  aforesaid, 
at  the  parish  and  county  aforesaid,  felontoii8ly» 
wilfully  and  of  their  malice  afore-thon^ht  did 
kill  and  murder,  which  is  laid  to  be  aq^mstthe 
peace  of  his  majesty,  his  crown  and  dignity,  to 
which  the  defendants  ^lave  severally  pleaded 
Not  Guilty :  they  are  likewise  charged  on  the 
coroner's  inquest  for  the  said  miirder.  We 
sliall  call  our  witnesses,  an<f  if  we  prove  theui 
guilty  you  will  find  tli4ln  so. 

Mr.  Serj.  Chtthire.  May  it  please  your  lord- 
ship, and  you  gentlemen  of  the  jury,  1  am 
counsel  in  this  case  for  the  king;  the  two  pri« 
soners  at  the  bar,  Hugh  Reason  and  Robert 
Tranter,  sUnd  indicted  before  you,  and  are 
charged  before  you  on  the  coroner's  inquest^ 
for  the  murder  of  Edward  Lutterell,  eso.  and 
according  to  my  instructions,  which  1  will  keep 
exactly  to,  he  came  by  his  death  in  this  manner : 
on  the  17th  of  Octolier  last,  this  gentleman 
coming  out  of  his  lotlgings  in  Surry -street, 
going  towards  the  water-side  to  take  the  water 
at  the  stairs  there,  the  two  prisoners  came  to 
him  and  did  arrest  him,  and  told  him  they  ar- 
rested him  at  the  suit  of  one  Mr.  Rous  for  10/. 
He  submitted  to  their  arrest,  desired  them  to 
return  with  them  to  his  lodging  and  he  woukt 
pay  the  money  :  they  consented,  and  both  re« 
turned  to  the  door  with  him  ;  but  Reason  wu 
the  only  i^erson  that  went  up  with  him  :  Tranter 
said,  he  would  ffo  and  fetch  the  attorney  oc 
solicitor's  bill :  the  deceased  went  up  one  pair 
of  stairs,  Reason  went  with  him,  they  were  to* 
gether  in  the  dining-room,  words  happened 
between  them,  as  will  come  from  the  evidence; 
they  calleil  him  rogue,  rascal,  and  mintera 
charged  him  as  a  person  that  refused  to  pay 
honest  debts,  and  shelteretl  himself  imder  fb* 
puted  places  of  security.  He  directed  his  tadfi 
who  was  then  in  her  Md-chamher  on  the  saffli  ** 
floor  up  one  pair  of  ttaira,  to  go  and  ftlch  M 
money,  by  which  It  may  bft  umpdaed  thai:*  J 
waa  in  oiAm  Itf  CAt  ll/dMili  iMIttktt  «fMll 


^/t*r  the  Murtkr  of  Eihuard  Lutferglt,  «^ 


A.  D.  vmt 


[1© 


I  ihafc,  1  tEit>#l  hikve  tbree  gtiincas  fbr  niy 
No«  my « the  deceased,  youbavenot 
I  ine  ••  as  bi  «leserT€  three  tfuinwis  or  atj  v 
I  fbr  civility,  wiibout  mtkio^  any  de- 


Mr*  WmtLf   iTCttfiag'  of  Hvniicide  in  ad- 

fi«niirol  or  eiceciitmn  of  the  low  (PL  Cr.  cb. 

5,1^.)  saT^  1     •  If  the  officer  in  execiUiDg^hif 

^kr,  ext  *  !y,  rti«  law  give**  hi  in 

Upvlvrt^  t-5«.     Aod  it  bebovps 

Mttirfy  the  Hiii4«jter  j  of  jti-^tice  and  other  pub* 

iiiCeierv,  but  Itkmvise  privnte  persons  en  J  t*a- 

HMfT  ui   arr^t  or  impri«on  an  the  sefern^ 

(«»  mrgmdy  treated  oi\  to  bt^  very  careRtI  that 

4fy  db  not  rDnbehave  themseWes  id  the  dis- 

liMr  of  ihetr  duty  ;   for  if  ibey  do  ihey  may 

iiKhl^tf  »}t«cial  prutectiori.     And  tberelbre 

Jfr,  J«l»ce  FoMef  [see  Crown  Law,  p.  29^ j] 

€iik»  tfcmi  Ih^  kttltii;^  of  1^1  r.  Lutterdt  in  tbe 

i^Mr  rep<JTted   by  Strange,    would  clearly 

kpt  fc^eri   murder  m  tbe  ofBcera,   wbo  com- 

m^tA  tiral  fiit  !/'     TItrn,  nt'ler  meDtioniiig'  (be 

%i|«faicli  Afe^taiH  lu  8ir«Tiafe'8  report,  he 

fsaenA  t  **  Tl!  is  )*»  reported  to  have  been  man« 

rfa^^%ler,  by   re^-on  nf  tbe  first  assault  with 

tfcecMir;     (>ti  ^  jf  tbe  faclB^  tbe  learn- 

f^jntfr^  fr  rt^  Kit  I  he  rerenge  taken 

«1»  t  to  the  offence,  and  ii)- 

di^r  Bat  be  recttfief{  the 

tlic  aildiiion  ol  sereral  material  cir- 

rnentioneil  iti  ibe  State  Trials  ;    1. 


L^  Iwfcd  -  '  '  V  brs  «ide,  which  after 

ttH^mlTray  wn.'-  nfn  and  broken  ;    2. 

W}»    •  '   *     '  (^11  the  table,  be  de* 

ctlfTi  Ntthemdovvn,  liecduse 

br  ii.*u,  .  .. '1  ,'v  i-iv  -i  -JUt  ofhis  lodp^ioj**  j  3, 

He  thrriftlefi^d  tbe  officeri  several  liniea  ;    4. 

Om  tif  th*'  r^ffi.  PIN  wjin  wounded  in  the  band 

*'i  m  (»»•'  it?  pi*»tr>l^  bavin i^  been 

;  .  and  also  slighily  rn 

wntlby  notne  ibar|i  pointed  weapon,  and 

Ibr  M^cf  bad  a  diinifar  wound  in  the  band  ;  5. 

Tb»  eriiJctice  wns  only,  that  while   on    tbe 

gnijfjd  L   ftrftl  on  bi^  bnnds,  as  if  begging  for 

•ifTr-  I  ihn  the  chief  jualic©  directed 

Ibr   ,  ii  they  b»  litred  that  L.  eodea- 

wmmttS  h.i  :\-hc\i'.  ■     :     '     which  he  seemed  to 

teib,  and  rer  ^  was  l!ie  case,  it  uotild 

be  JBiitifi2.ble  bonm  uir  in  the  officers.      How* 

ff«r,  as  L.  ^ve  I  lie  ftrst  blow  accnrnpaDied 

«<b  iiMQacet  to  tbe  o(ficei«,  and  considering' 

te  €lrcoinftsnc«  of  br«  prodactnfi^  lolled  pi«- 

Ati  pe*'''T^^  ^H-'ir  t^king^  him  from  hh  lo<I«f- 

illlpt,  4ni  i  have  been  Ibeir  duty  to 

MftAine  ^.  It  had  not  been  paid  or  bail 

gi9W9^  hit  <fedared  it  could  be  no  more  than 

'  iigfiler/'  See,  also,  chap.  5,  sect.  91. 

V  *ftfr  wttin^  forth  the  chief  j»«tice*« 
to  tb«  jnry^lhui  concladea  bii  »€• 

••TKU  -  of  the  <!biefjnitice there* 

Mtler  ha  omitted  ;    and  therefore  I 

■an*      '  \*«  «tate  the  case  more 

tmp  I   diould  have  done : 

IM  k  raoovx  f?t:ip  i^Jivin^,  that  the  circttm- 
m  lite*  report  are  too  matpr/at, 


maud  you  arrested  me  publicly  (■  ti)e  atreab 
My  h^rd,  according^  lu  my  insiruatioiu,  ike  di^ 
ceaseii  went  tip  one  paireC  ataus  and  be  re* 
turned  down  with  a  ca^e  fif  pistols ;  the  maid^ 

and  enter  ti>o  far  into  the  true  loerita  of  iha 
case,  to  Lia?e  been  dropt  by  a  f^tJemati  ui  ait 
Jobii  Strangers  abilities  andl  known  eaikdovi,  if 
he  bad  not  been  over- studio  us  oi'  bretity* 

^'  Imperfect  reports  of  facta  aad  mrcoM* 
atan€«a»  eKpeciaily  in  eases  where  ef ery  cia* 
dMBSlance  weighs  something'  in  tbe  seaie  «i 
jctstke,  are  this  bane  of  all  science  tlkaA  d«» 
pendeUi  upon  the  precedent?!  and  exanplea  of 
tomier  tiinea,'* 

See,  also,  Hawkins**  ?1.  of  the  Cr.  book  i, 
chap.  29,  aectiona  9  and  16,  and  chap.  31,  •. 
6K  Aa  to  the  kiHittg^  of  an  officer  executing  or 
altempiiD<^  to  execute  an  illegal  i^-arrant,  aeft 
iti  this  CoriectioQ  the  Gate  of  dterensou,  a.  d. 
1759. 

in  casea  of  Homicide   caused  by  beat  ef 

blood  upon  sudden  provocation,  the  lawof  iikot- 
land  is  less  indulgent  than  that  of  England  i  in 
which  and  in  some  other  particulars  as  to  tb it 
tnaUer,  their  legists  are  not  backward  to  coor 
trnst  the  respective  doctrines  «)f  tbe  two  codes. 
I  tniascribe  tbe  follt^wing  paasagea  from  tbe 
t^o  most  eminent  uvodern  authors  upon  the 
C'rimiual  Luw  of  Scotland,  with  whose  wriiing;! 
1  nil)  acquaiuijfd : 

*^  Though  the  distinction  of  murder  aad  b9* 
mk'ide  on  provocatioo  hasbeeome  a  part  of  out 
taw  as  of  that  of  Engloud ;  it  is  not,  buweTCV, 
to  be  imagined,  that  it  is  therefoi^  establisb^i 
in  the  precise  same  terms  in  both,  or  that  oat 

f practice  has  adopted  tbe  opinions  of  tlie  £Dgw 
ish  lawyers,  with  respect  to  tbe  kind  or  degree 
of  provocation  which  will  save  from  the  ordi- 
nary pains.  On  the  contrary,  there  ia  in  ihit 
article  a  great  and  ^uUtantial  dilterrace  h^ 
Iween  our  system  aad  theirs.  Thus  far  ihe  two 
coincide,  that  no  provocation  of  ttords  tbe  moat 
Ibnl  and  abusive,  nor  of  signs  ami  geslttres  hoir 
contemptuous  or  derisife  soever,  is  of  sutficienl 
weight  in  tbe  ticale,  materialK  lo  atleviute  the 
guilt ;  Eo  that  if  Julin,  upnu  words  or  aignt  of 
repmach  by  James,  shaightwny  lake  una  kaife 
and  stab  him,  or  a  heivy  banuner  and  l^eat  oiA 
his  bnuns,  be  sbfill  \)^  jndg«>d  a  murderer  and 
die.  In  ihiA  also  I  heir  doftrwe  Bgreea,  iliat 
ihey  make  no  accom.t  of  provocatttm  by  tres- 
pass on  land^or  giKwU,  if  n^t  accompanieif  with 
violence  to  the  person  ;  w1>ereby,  if  Ji>hn  lind 
Jutnes  breaking  down  bi»  fence^  or  entering  bia 
inclosurcs  to  search  forgsine  without  bis  leavr, 
or  poinding  John^s  cattle  v^  ben  thiny  are  upon 
John's  own  property  ;  in  pone  «A  these  ca^es  ia 
it  any  thing  less  than  murder,  if  iltdm  shall  bn 
so  far  transported  wiib  rage  ni  this  trivial  and 
refianible  omtnce,  as  to  knock  tbe  tresp»s«)e 
Ihe  head.  In  ihla  all  the  Eivghsh  autbo 
are  agreed  ;  and  certainly  fi^r  reasons  !io  ob 
ons  and  convinL-iug  as  admit  of  no  r**ply, 

**  But  it  is  further  the  setitin^en*  of  s*xwal^ 
and  among  the  abkst  of  iWvt  ^uUi%  w^Vkw^ 


I 


llj  S  GEORGE  I. 

nei-ranl,  Hiater  Gerrard,  seeing  him  with  Ihasc 

pittolfl,  said  to  hiRi,  For  Gotl'«  sake  what  husi- 

riMCS  have  you  with  those  piriots?    Pn«y,  Jsiy 

Libe  pitttols  ftway,  mischief  may  happen  :  says 


'  that  any  assault  on  tbti  persoo  of  the  killer  suf- 
ficiently extenuates  bie  ^ullt,  to  lower  the  cuse 
to  maniifaughter,  though  the  injury  he  iiolbing 
more  than  a  single  blow  with  the  band,  or  rwkt> 
ling  the  nose,  or  a  lillup  on  the  forebead,  or 
^  jitstliog  in  the  street,  or  whipping  the  pcisou's 

Doriiie  out  of  the  tract." — [This,   I  conjecture, 

alludes  to  Lanure's  Case,   l  Hale^  cb.  37,  p. 

456.     As  to  which,  Mr.  East  (PL  Cr.  s.  20,) 

lightly  observes,  *'  I  should  presume  that  the 

ijkct  wu  done  with  violence,  or  great   inso- 

I  knee.'*] — **  Farther,  it  is  the  concurring  doc- 

rtrioe  of  all  their  books,  that  where  on  n  sudden 

L^uarrd,  parties  fight  upon  the  spot  with  tnorlal 

[ii  e;ipons,  and  on  equal  terms«  (each  giving  the 

Ifither  time  to  draw  and  be  on  bis  guard) ;   or 

l^en  if  in  heat  of  blood  they  ti?tch  their  weapons, 

Dd  go  to  the  field  and  li|^hl^  there  also  the  deed 

omes  under  the  notion  of  manslaughter  only  ; 

nd  this  without  any  regard  to  the  first  provo- 

stion,  whether  it  he  verbal  or  real,  or  frotn 

vhich  of  the  parties  it  comes. 
**  Now,  in  all  these  articles,  our  practice  is 

brnied  upon  quite  another  plan.  To  have  a 
E^l^tl  plea  of  extenuation,  the  pannel,  at  the 
time  of  killing,  must  have  stood  in  the  situation 
of  an  assaulted  and  injured  person,  one  ivho 
was  in  a  manner  constrained  to  strike  by  the 
▼iolence  w  hicb  be  was  suflTering  from  the  de- 
ceased. If  in  any  dej^ree  the  mortal  strife  was 
matter  of  conreution  between  I  he  parties, 
thon|L^h  but  tiicitly,  and  taken  up  at  the  rao- 
ment,  it  the  mortal  blow  was  not  the  impulse 
of  iuHtant  pain  and  agitation,  but  of  a  purpose 
to  figbt  as  on  a  certain  plan  and  set  of  princi- 
ples ;  this,  according  to  our  notions,  is  murder 
in  the  survivor  In  which  point  of  view,  the 
circMmstance  of  waiting  till  the  olher  party 
draw  atid  l>t  on  his  g«ard,  that  favourable  cif- 
ciinistutjce  which  makes  it  manslaughter  by 
the  hw  o\'  Enghind,  would  not  >%ith  ns  be  of 
any  advantage  lo  the  pjnnel,  as  slievf io^  plain 
dcliheratjoii,  presence  of  mind,  and  meiho<l  in 
his  revenge.  This,  our  rule,  is  proveil  by  the 
i«Q  cases  formerly  mfutiuned,  of  James  Mur- 
ray [June  17,  1670.]  and  Janu»s  Gray  [June 
1  it  167B  ]  both  of  them  cases  of  fair  combat  in 
heat  ill  hloiid,  and  on  a  recent  quarrel,  to  which 
may  bt*  ad  tied  (though  willi  respect  to  the  suf- 
ficiency of  the  evidence,  the  verdict  has  been 
thought  qiie«itionable,)  (he  case  of  William 
Douglass  [June  4,  lt)67,]  for  the  slaughter  of 
Home  of  Ecclea,  whicli  was  shortly  thus  ; 
That  these  persona  along  with  others,  had 
quarrelled  when  at  dinner  m  a  tavern,  and  hav- 
ing taken  coach  insiantly  drf>ve  to  the  adjacent 
fields,  where  they  set  to  confusedly  with 
•words  two  against  two,  and  Home  was  kill^ 
as  was  alleged  (and  indeed.  I  think  is  proved) 
by  Douglas.  The  same  principle  seems  to 
have  ruled  in  the  case  of  Andrew  Rulhedbrd, 
lodicleil  for  the  Ktur^ar  of  fm^eM  Dougtasi 


Trial  of  Hugh  Benson  and  Hubert  Tranter,        £l 

be,  I  design  to  do  Ihem  no  harm,  they  have 
used  me  ill,  called  me  rogue,  ravcal,  and  luinter, 
I  do  not  design  to  hurt  them,  but  will  not  be 
ill  used  by  tliem.     The  maid  pressed  him,  for 

[Not.  9  and  16, 1674,]  this  slauj^hter  had  taken 

tdace  on  a  sudden  quarrel,  of  which  it  could  not 
\e  said  uu  the  proof  who  was  the  author,  or  whu 
had  been  the  first  to  draw,  only  the  parties 
were  seen  by  jicr^ons  at  some  distance  to  alight 
from  their  horses  and  thrust  at  each  other,  nei- 
ther of  them,  as  tar  as  appeared,  taking  undue 
advantage,  or  giving  back  or  declining  the  com- 
bat. The  jury  liiund  the  i^laughter  proved,  and 
the  solf-detencc  nol  proved.  And  the  Court, 
who,  by  their  intKrlocntor  hnd  previously  re- 
quired it  of  the  panntl  lo  bring  proof  of  self- 
defence,  gave  sentence  of  death, 

"  With  us  too,  though  not  always  a  deci- 
sive, it  is  generally  an  uufavourable  circum- 
stance for  the  pajinel  in  this  question,  that  he  hai 
struck  thi'  first  blow  ;  if  John  strike  James  a 
blow  with  the  hand,  and  James  return  it  with 
severe  blows  of  a  staf}\  on  which  John  being 
hurt  and  irritated,  drawls,  hat  gives  James  time 
to  do  the  like,  and  thus  they  fight  and  James  is 
killed,  this  is  murder  by  the  Scotiisli  practice, 
however  such  a  case  might  he  resolved  in  the 
courts  of  England,  We  cannot  make  the  same 
allowance  for  his  being  provoked,  who  is  only 
in  a  situation  to  be  so  by  bis  own  intemperate 
and  unlawful  act,  and  has  shewn  an  absolute 
ditiregard  of  those  very  emotions  in  his  neigh- 
bour, which  he  woulcf  have  excused  in  his  own 
case*  His  assault  of  his  neighbour's  person 
justified  the  return  of  blows,  and  though  there 
be  excess,  he  cannot  therefc»re  be  Either  justifi- 
able or  excusable  to  resent  these  {whil«  ihey 
do  not  put  his  life  in  danger)  unto  the  death  of 
his  neighbour.  Thia  rule  is  pointedly  an- 
nounced in  the  interlocutor,  in  the  case  of  ea- 
sign  Hardie,  where  it  is  sustained  to  restrict  the 
libel  to  an  arbitrary  pain,  that  the  deceased  was 
the  first  aggressor  and  had  laid  hold  of  lire 
hiirsc's  bridle,  and  struck  Hardie  on  the  facs 
V  ith  a  rung  or  tree ;  hut  this  passage  imme- 
diately follows,  ^  But  find  the  reply  made  by 

*  the  pursuer,  that  the  paunel  beat  the  defunct 
'  on  the  face  with  a  thrawn  rod,  before  he  struck 

*  the  pannel  with  the  rung  or  tree,  relevant  to 
^  elide  the  foresaid  defence  simfdicitcr.-  The 
difference  is  still  more  remarkable  with  regard 
tu  the  degree  of  injury  and  provocation  which 
will  he  received  in  our  courts  to  extenuate  the 
guilt.  That  any,  even  gross  indignity  is  suffi- 
cient, or  any  assault  on  the  person  of  so  slight 
a  nature  as  those  which  are  mentioned  tn  the 
English  books  of  law,  this  it  would  be  contrary 
to  the  whole  tenor  of  our  records  to  believe. 
Suffice  it  to  mention  upon  this  head,  (since  the 
invariahle  course  of  judgment  makes  it  needless 
to  accumulate  authorities)  the  case  of  William 
Aird  [Sept.  8  and  9,  1693,]  lor  the  murder  of 
Agnes  Bay  ne,  hy  throwing  her  back  wards  do  wa 
stairs  ;  the  allegation  was  heje  repelled,  of  her 
having  provoked  him  by  tossing  the  contents  of 
a  chamuer  put  in  his  laoe^    lo  tbort  it  ti  to  b% 


w  the  Mwjgr  of  Edward  LuttereH,  esq. 


l-TK. 


[I* 


U  «i^  Uy  iHe'fi   tlnwii,  ^oiir  lady  tfill  be  |  the  door,  and  llie  boy.Thomai*  Hftrg:paTP,went 
%jhieil      \^  tr,  ihc  tar  end  of  tne  room,  j  to  let  in  the  person  ilint  knocked,  aofl  it  proved 

)tdh*'  and  rttreiited  to  the  fire-  j  the  dercndantTranler:   Tranter  ran  boiiil^  oji 

pn.    bv  va\9  iitite  there  was  a  knocking  at    ttairs,  and  the  Iraj  traa  folloiring  hxm^  and 


kg 


*  ••   *   f*5  not  come  up  to  the  due 
occ  by  our  law,  that  the  | 
'  *^^' fi}' bloody  though  ow-  , 
l(nn  which  t!ie  de-  t 
W  t .  person.     This  pna- 

St  tH^  some  nderpiate  and  , 

dtiv  <•  and  ci*ntinucd  as- 

lach  »%  cairiic*  ayhution  and  alarm  with 
l*4n:a»or  farther  harm  and  injury,  aa  well  , 
mf^oA  amarl  ao<)  pain  of  body  ;   whereby  I 
4»rf.i['i  r-i  eitcwaahle  in  the  losa  of  his  pre-  i 
fmm  »r  i  ji|  of  the  just  measure  of  reta-  ' 

tee  . ig  the  pecuhar  ca<:e  of  slaii^h- 

lj«Boi-tirti  uu  the  adulterer  disco vered  in 
it  licit  t  am  ac«iuujriled  with  do  case  of  cul* 
fii^Viaiici  '"^  -  '■  '  * -^-ords,  which  is  not 
mnm  trk*  |iion  ;    not  u  case  of 

fmmm  ae.! y  ..  u  excited  by  Inxtily 

•Atrai^.  ;i;  il  with  terror,  and  wit!i 

■miikfet^  ,       i.     And  truly  it  tnay  be 

i^kt  i    in  this  our  rule  is  net  wiser 

V.  \d  leant  more  suitable  to  the 
:sh  people,  than  that 
X^m^  which  excuses 
i4:¥wfiL;^  t^f   s»^t^h    inconaicJerahle 
Trt  CTirb  anil  repress  an  over- jealous, 
'Tte  Humouri  as  far  as  can 
;  ice  i  n  the  particular  case, 
;» the  course  of 
f'f  law  in  this 
.  ^.  ;jgainst  the  per- 
ML    .iiiU  1 3  to  l^  duty  kept  in 

f«9  Ml  Mtu  ,1.  ^^^'^  ^ ,  .^  x-a  it  has  eon  SI  deration 
ilbi&sii  liiiitTDit)^  in  those  difficult  and  agi- 
Hiiif  «i^iik[rin4  oilv,  which  require  a  more 
%t^  '  -  il  of  mind,  and  commaml 

Wir^.  ^  I  uid  Ihem  ;   not  in  those 

r  liic  pndc  more  llian  the  body  of  the  maD 
»  kew*  Hfenrf eiV 

^\\  I  which  it  wotdd 

t  W  1  country  to  ex- 

■i  iLiuii^w-h Lt<  vviih  coaliJi-'iice^  clear  it  is, 
K  tocb  is  iKtr  fined  and  certain  rule. 


^kUh< 

''":'.              ■       '      ';^erve 

B**<" 

.■d,- 

ImC^ 

;    ui    r"i  u  1  ^;  iirjtfilin,) 

Ki.. 

and  is  npiirJed  by 

|K<W 

f  '  "inch  and  warm 

» bally.     A  full 

^to-4  L.t  ' 

r] :   .'irid  it  Was 

^t 

1  Ill's 

^b> 

Dr. 

^k.  ««- 

Krrjfpeciing^il, 

^k-f   '' 

.  *>ur  to  the  He- 

K^ 

,1  ciise  of  difficulty, 

^fe. 

delibcrati^  attention 

Hh|^ 

f»d|^cd  in  strict 

^^^B 

of  precedents, 

^^^^ 

1  iixjdrrn  date,  that 

K 

ird»     Oil   ibr  whole 

^^^^i«*4l 

«^    ^i   *.:.  „..ation,  even  tlio^c  of" 

^■fVi 

who  wtre  most  tarounbk  to  the 

punnelf  and  along*  with  them  the  jury,  had  been 
of  opinion,  that  the  injury  to  bis  person  was  not 
of  that  detjree,  nor  had  iJecn  pro^ecnted  to  that 
letigfth,  which  could  excuse  his  passion  or  ex- 
tenuate the  guilt,  so  that  the  deed  was  rather  to 
be  held  a  wilful  and  resentful  deed,  the  fruit  of 
the  habit  of  mind,  the  nroud  and  jealous  temper 
of  the  man,  who  acted  deliberately  on  the  oc* 
casion,  than  of  excusable  perturbation  and 
terror,  or  immediate  distress  of  body.  If,  in 
prosecution  of  his  unlawful  purpose,  loni  E^- 
Union  had  advanced  on  Campbell  and  bad  laid 
hold  of  tlie  piece,  and  thus  a  personal  striigf^le 
had  ensued,  in  which  Campbell  defending  his 
property  (and  certainly  be  was  not  obliged  to 
^uit  it)  had  been  beaten  and  overpowered,  or  in- 
jured in  bis  body  before  discharging  his  piece, 
this  would  hare  been  a  far  mure  favourable 
case,  and  indeed,  in  my  mind,  hardly  distin- 
guishable from  that  already  mentioned  of  31  ac- 
leau  in  1710,  where  an  assault  on  a  person  to 
take  bis  carabine  from  himi  was  found  relevant 
to  restrict  the  libel  loan  arbitrary  pain.  For 
this  wouTd  not  have  been  a  situation  of  simple 
trespass  on  goods,  but  of  trespass  necessarily 
coupleiJ  to  assault  of  the  person.  Hut  taking 
all  the  particulars  of  this  unfortunate  story,  it 
could  scarcely  be  said  that  Campbell  had  been 
at  all  assaulted,  or  had  ^ny  reasonable  or  well 
grounded  apprehension  of  future  harm  to  his 
person.  Certainly,  at  the  time  of  dischai'^jiug 
bis  piece,  any  provocation  he  had  yet  received 
was  not  higher  than  if  he  had  been  just  led  in 
passing,  or  pulled  by  the  nose,  or  kicked  on  the 
breech f  no  one  of  which  indignities  according 
to  any  authority  or  precedent  that  can  be  pro* 
duced  in  the  law  of  Scotland,  would  have  beeji 
sufficient  to  excuse  him.  Jn  tine,  he  bad 
shewn  nothing  of  that  forbearance,  that  phlegm 
and  tanliness  of  blood,  which  according  to  Uie 
course  of  our  practice,  is  a  necessary  accoin* 
panimeni  of  this  plea,  but  rather  a  choleric  and 
jealous  disposition,  hastily  to  lay  hold  of  the 
tirst  opportunity  of  offence,  for  the  purpose  of 
revenge. 

**  In  the  close  of  all  I  shall  venture  to  ob- 
serve, that  as  with  regard  to  the  degree  of  pro- 
vocation which  makes  a  ca«f>  of  culpable  femi- 
cide, fi!0  also  with  regard  to  the  judgmrut  which 
luay  competently  pass  on  the  <»tTender,*it  muy 
deserve  to  be  considered,  whether  our  law  is  not 
upon  as  salutary  a  footing  as  that  of  England  ; 
for  our  judges  have  a  discretion  in  this  matter, 
to  condemn  the  man -slayer  to  such  a  punish'* 
mcnl,  according  to  the  measure  of  bis  fault, 
which  shall  truly  serve  as  a  correction  to  him, 
and  a  warning  to  others  i  whereas,  in  England, 
Ibe  judgment  is  one  invariable  thing,  the  for- 
feiture of  moveables,  and  burning  in  the  band, 
wbicti  i«  very  iine<|iial  in  iti  application  to  the 
different  conditions  in  hff ,  and  if  carried  into 
etiect,  may  bt  cilh«r  too  9»fvr%  or  too  Utv\«u\« 


15] 


8  GEOjUlE 

heariogf  a  noise  in  the  dining^  room,  as  my  in- 
itracUons  are,  he  hastened  the  earlier  to  see 
ivhat  the  matter  ivek  ;  as  soon  as  he  came  into 
the  diiiinff  room,  the  first  thing  he  saw  was, 
Tranter  hoUiinijf  the  diHscased's  arm  in  his,  ami 
the  other  deteiidaot  Reason  slabbing  him,  and 
he  saw  the  stab :  lie  was  woing  to  g\^e  the 
neond  stab,  but  the  boy  took  noid  of'  the  sword- 
arm  ;  Reusun  takes  the  sword  with  his  other 
band,  and  says  to  the  boy.  Damn  yon,  ifyoii 
d'not  get  out  of  the  roum  you  shall  die  before 
your  master :  upon  this  he  saw  a  second  pass 
at  tlie  fipentleman,  and  he  cried  Murder;  upon 
his  crying  murder,  the  nuiid  servant  Sarah 
came,  and  she  says  she  saw  her  master  upon 
his  back  on  the  fl'ior  with  his  hands  up  bepriog 
for  mercy,  and  saw  the  men  stab  him  several 
times :  she  likewise  cries  out  Murder,  aud  as 
alie  went  down  stairs,  and  not  till  then,  she 
beard  a  pistol  go  off,  which  must  be  atWr  the 
poor,  wounded,  mangled  man  lay  upon  the 
Qoor.  Some  time  after,  not  two  minutes,  she 
beard  another  pistol  go  off,  by  this  time  the 
noise  was  so  great  that  the  neighbourhood  came 
in,  particularly  one  Waters  a  waterman ;  Waters 
runs  up  stairs,  and  he  finds  the  deceased  at  the 
further  end  of  the  room,  lying  there  in  a  strange 
mangled  condition ;  one  of  the  prisoners  en- 
deavoured to  make  his  escape,  but  be  was 
•tizetl,  and  so  was  the  other. 

It  was  thought  proper  in  this  dying  con- 
dition, as  it  was  apprehended  the  poor  gentle- 
Dian  was  in,  that  they  should  send  for  the  cu- 

m I       I  I     I        ■    .  ■    ■  ■  m  ■■       ,1  » 

course,  but  as  sometimes  managed,  by  gitl  of 
the  forfeiture  to  the  offender  himseU'jhecomes 
DO  punishment  at  all." — Hume's  Comuienta- 
hes  (Description  an<l  Punishment  of  Crimes,) 
chap,  a,  vol.  1,  pp.  37a,  380. 

So,  too,  Mr.  Burnett,  (Treatise  on  Several 
Parts  of  the  Criminal  Law  of  tkotland,  chap.  1, 
p.  17.): 

*<  While  the  law  as  to  homiciflo  on  provoca- 
tion, has  in  latter  years  been  greatly  mitigated, 
it  by  no  means  goes  the  length  of  tluit  indul- 
gence which  seems  to  be  allowed  by  the  law  of 
our  neighbouring  country,  to  resentment  on 
slighter  injuries,  where  danger  U)  the  person 
and  alarm  for  one's  safety  cannot  be  inferred, 
that  it  will  punish  viith  only  tine  and  imprison- 
ment him,  who,  without  any  adequate  or  just 
cauie,  but  from  a  punctilious  sense  of  honour, 
arising  from  a  sl^gntor  implied  injnry,  wilfully 
bereaves  a  fellow-creature  of  his  life  ;  an  in- 
dulgence which  is  directly  adverse  to  every 
rule  and  precedent  in  the  law  of  Scotland. 

**  Nor,  while  it  makes  allowance  for  anger 
excited  by  a  just  cause,  and  which  impels  to 
immediate  resiuance,  will  it  C4Nintenance  any 
tiling  like  deliberate  cruelty,  or  the  taking 
amends  fur  injuries,  even  of  the  highest  kmd, 
alWr  an  interval  of  time.  It  is  the  frailty  of  re- 
■entment  in  heat  of  blood,  notof  rereoge,  after 
•passion  iiaa  had  time  to  subside,  that  tbe  law 
nakM  any  aUowance  fiir.  Btooe  all  acta  of 
raiiaralad  aod  cxeaM?*  ▼) 


I.        Trial  of  llvg\  Reason  anff  Robert  Tranter,        [  16 

rate  of  the  parish,  Mr.  Peters ;  Mr.  Peters  did 
come,  and  according  lo  my  instructions,  as 
they  appnhended  him  to  lie  dying,  says  a 
friend  of  the  defendants,  Pray  enquire  of  the 
gentleman  how  this  accident  happened?  11^ 
did  so,  and  he  will  give  you  an  account  of  what 
passed  between  him  and  the  deceased  before 
the  justice  of  the  peace  came.  Kut  Mr.  Ver- 
non and  Mr.  Haynes,  the  two  justices  of  the 
peace,  sotm  afVer'came  in,  and  at  iheir  request, 
they  having  no  clerk  with  them,  Mr.  Peters 
was  |)leased  to  sit  down  and  take  the  examina- 
tion m  writing ;  having  given,  him  his  oath, 
Mr.  Peters  was  pleased  to  set  it  down  ;  the 
substance  of  what  he  did  say  was  this,  ^*  The 
bailiffs  took  the  pistols  from  my  table  and 
shot  me  twice,  the  fat  man  run  me  through, 
and  then  dretv  my  sword,  which  I  broke  my- 
self in  his  hand,  and  begged  for  my  hfe :  T 
never  fired  a  pistol,  nor  mode  one  push  ;  they 
both  run  me  through,  I  offered  to  pay  them  the 
money."  The  condition  the  gentleman  u  as  in 
at  that  time  was  such,  as  it  was  not  thought 
reasonable  that  he  should  sign  it,  but  they  will 
give  you  an  account  that  he  was  perfectly  sen- 
sible. My  lord,  iu  the  afternooo  someboilj 
sent  for  ftlr.  Peters  the  ckrgyman  again,  and 
it  was  with  an  intent  that  the  deceased  might 
receive  the  holy  sacrament;  and  Mr.  Peters, 
like  a  prudent  man,  says,  **  According  to  tbe 
account  you  have  given  yon  have  been  hardly 
used :  however  it  becomes  me  to  hope  and  de- 
sire, and  you  to  express,  Uiat  you  are  in  cha- 


are  committed  in  a  cruel  and  unusual  manner, 
though  on  slroiif  and  immediate  provocation, 
will  be  held  to  indicate  that  malice  which  is  the 
characteristic  of  murder ;  in  the  same  way  that 
acts  of  lesser  violence,  but  which  end  in  deuth,  «k 
if  done  ex  inter  vallOf  under  pretence  of  prior  ^ 
provocation,  will  be  held  to  mdicate  the ' 


temper,  and  to  foifeit  every  indulgence  of  the 
law. 

"  The  same  principle  holds  in  the  case  of 
immeiliate  resistance  on  provocation,  if  it  shall 
appear  that  the  party  acted  not  from  the  im- 
pulse of  thai  provocation,  but  from  a  fonner 
grudge ;  or  if,  to  satiate  his  resentment  for  ptil 
injuries,  he  purposely  courts  a  quarrel,  and  in- 
duces provocation,  as  a  colour  to  his  malice. 
In  such  cases,  the  extenuation  of  passion  caa 
have  no  place.  The  real  impulse,  tiien,  is  ma- 
lice and  revenge,  that  deliberate  and  reflecting 
passion,  for  wuich  the  law  makes  no  allow- 
ance." 


^ 
^') 
*i 
'^ 
I, 

■\ 

It  is,  perhaps,  too  minute  to  be  wortb  omb-  l 
tion,  that  as  to  convictions  for  mansUugbteri  ^ 
Mr.  Hume  appears  not  to  have  been  aware,  y^ 
that  the  forfeiture  of  (movables)  goods  UM  «f 
chattab  is  in  practice  never  exacted ;  tbal  Ihtt^^ 
burning  in  the  hand  may  in  tbe  discrelioa  «i£ 
the  Court  be  changed  to  a  moderate  fine  %  > 
that  moreorer  the  Court  may  edjiidgie  tlvi 
ftDdertobejaipriMiiM^  «,  «»  ^-Si  p 


Jbr  tie  Murder  of  Edward  Ltdterell,  aq.  A.  D.  1722, 


[18 


■«i» 


\  1  admlBtAer  tlie  lioty -sacrament" 
J  *  A«  1  %hM.  apiirmr  befoi^  ihe  ^rtnX 
Ifiil  vf  bMfVdi,  fvl»«i  I  told  yoti  is  true,  I  waji 
teiMlr  nauiTtl*»r*il  ?    lii>wm>(FT  I  aiii  ill  fier- 
ttharit^  -ive  tliem^  and  1 

'  :       ;       ibem  their  ia- 

iVi  V  i^xikt  be  did  contiaue  lur  somt' 
»•  Isn^it^tiin;;  waVf  thuu^fh  all  care  vvaa 
itftA  Ua  cxnminnUan  after 

a  sad  circum!)ta£ioe  in  the 
mic:  if  mud  no  If^ss  than]  ten  wouridtj 
my  of  iLem  mart  a)  ;    he  did  coii- 
llli*      ~  *!     '  10  nt  ni^ht  and  then 

il  a  caw;  of^rcat  cno- 

uKi  ^i'*  «Mi  njtf  une  baud  the  de* 
F  iifficer«  ttfid  rnin litters  of  justice^ 
1^  prelected  in  h^trwu^  of  their  pro- 
I  a*  wwg  oa  ttiey  do  their  duty  must 
immA  \  %in  u h* ti (KHjjde  Rubutilto  ihcir 
f,  IImtv  ''>e  protected,  and  the 

ftp,  Ibal  m|ijn       [le  to  submit,  requires 

i»  ^km  f»  f»rol«ci  and  preser? e  their  lives, 
ail  It  wmf  omocr  riveif  luireaflooable  correc* 
'.  tii^y  male  no  re^i^itance  in  cases  of 
imlj,  where  hjirdships  and  difficultiis 
«»flat  wpon  tlfetD,  to  afl  to  shorteit- their  hves. 
I«toii  It  to  my  lord's  direcUon,  whether  they 
fl»  MA  ffB^y  <«f  t^V^e  murder?  To  eliew  how 
^rfiil  iDt*  Uw  II  or  tlie  lile  of  man,  my  lord 
fdhi*  **]^*f  U^^oy  °t%i>  ^Ito  t*  in  custoily  of  a 
^iW  WM,  ibe  cornuer^s  inquest  mue^t  ait 
^1  y«i ;  and  it  U  for  this  reason,  that  the 
^^mmj  be  appriseed  thit  the  Kuhject  h,id  no 
feii^T,  biitcftmeto  a  natural  death;  this  po- 
hf  «r  Bw  M  a  guild  QXitt,  Tbef^e,  |^<?nilenieH, 
■P^baumli  Mrbieb  will  betaken  imocon> 
tt(telM»,  and  when  we  haf  e  caHed  our  wit- 
,la  BtttiA  b«  lfe;ft  to  ttiy  lord*))  direction  and 
atioD,  whether  the  defetidaat^' 
)  to  lie  justified,  or  whether  or  no 
Art  w§i  vm  duKife  the  puDiahmenl  due  to 


^^Ki«ri 


Mr.  JU€9€*    1  am  counsel  likewise  in  this 
mm  fer  Use  king :   The   facts  haTe  been  fully 
1  m  every  |Hirticular  circum^ttance,  »nd  1 
1 1«  not  a  matter  proper  for  ua  to 
>  wiSli  ila  naual  attgravation  |    for  consi- 
^gtm^n^vA  i*r*'  nt»t   nlltiwed  counsel  ^ 
tmAf  BO  fairly  before  the 

i<»ii  I  •MOQtomatteriiof 

r  lh«  dcfnidanta  are  oifieerv  of  josttce* 
I  fta  are  entitled  to  the  protectiou  of 
ibtei*.  ^mHf  u%  the  taw  authorines  them  in 
wm  .    Inii  in  case  they  exceed  that 

«^  iiae  tiarbarity  to  their  prisoners, 

«^ff^*r>rTv  r»  tio  oocasion  tor  it,  ihev  eKceeil 
tel»«iids  Ml  tMr  authority y  and  what  hap- 
■Ki  aftarwvnds  by  n  -  -r^?*r  s  qimrTcl,  thtiy 
■isntlri^afv  Ihe  f  ;   and  if  a  per* 

!•  bJIrd,  I  aabib-.  .,  u  ^^ai  lordship  if  they 
r  spi  fuill^  of  *xmw4m^ 
^  II  y  hord,  if  rcsitlance  is  made  by 

^^1^  and  it  ta  necessary  for  the 


mooer,  or  for  the  life  of' 


e  |M*iso 

Hfe  is  attempted  by  the  pri* 


1011.59,91. 


preservation  of  the  \ 
the  officer^  if  bits  Hf^ 

soner,  and  in  doing^  what  i^  necesiutry  for 
their  defence^  and  for  the  keepinjf  of  their  pri- 
soner, there  happens  a  quurrel  commencetl 
by  the  niult  of  the  prisoner,  we  agree  the  of- 
ticers  are  n«t  to  be  blamed  :  Hut  if  a  quarrel  if 
commenced  by  the  offif^rs  against  a  priboner 
subniittiji)^  to  the  law,  luid  to  their  authority, 
aud  wilhn^  to  do  that  which  the  law  requires, 
uamely,  to  pay  the  debt,  then  only  lor  cirility 
money  they  use  durance,  and  they  used  him 
ii),  and  they  begin  the  quarrel  and  ft|»^ht  with 
the  man  on  that  account,  we  must  submit  it» 
whether  it  is  not  murder.  We  must  agree  in 
our  evideoce*  that  there  was  not  any  person 
present  at  the  time  of  the  beginning  of  the  quar- 
rel, nor  who  continued  there  duriujj  the  quar- 
rel :  But  from  the  circumstanceSt  ami  the  evi* 
dence  we  have  to  lay  before  the  jury,  it  will 
amount  to  a  proof,  that  this  quarrel  was  b^ 
guu  by  the  officer*  It  is  true,  ihei^  were 
piflloU  fetched  by  the  deceasei),  hut  these  pis- 
tols, if  we  shew  they  were  not  designed  t^  he 
made  use  of  to  injure  ihe  bailiffs,  but  were  onlv 
for  his  own  preservation ^  if  he  should  he  ill 
used  by  them  ;  if  aHer  he  had  taken  these  pis- 
toU  he  dismissed  himself  from  the  custody  of 
these  pistols,  as  we  apprehend  will  appear  I'uia 
the  evKJeoce,  and  they  take  up  these  pt$kds» 
and  with  one  of  these  pistols  shoot  their  pri- 
Moner,  we  apprehend  that  nill  take  off  the  cir^ 
cuinstaiices,  that  would  sceia  in  favour  of  tbem« 
My  lord,  v»e  will  call  our  witnesses,  yiid  prove 
all  our  facts,  and  then  we  must  submit  it  to 
your  lordships*  direction  tothejurj%  whether 
on  those  fsctii  it  doth  not  appear  tliat  the  of* 
fence  commtted  is  murder* 

X,  C,  J.  (Sir  John  Pratt.)  Call  your  mU 
nessea. 

Tkoma$  Htir^ra-ot  sworn . 

Mr.  HungerJhriL  My  lord,  Thomas  Har- 
gr^ve.  was  the  de€eaj4ed*s  servant,  aud  he  nnw 
more  than  any  body  ;  he  will  give  your  lord* 
ship  an  account  of  the  matter* 

Sgtj,  Cheshire.  Thomas  Hargrave,  do  yoit 
tell  ray  lord  and  the  jury,  what  vou  know  iit 
relatitm  to  your  late  master,  Mr.  Lutterell, 
what  past  between  him  and  the  defendants,  and 
either  of  them,  tell  from  the  beginning,  and  hi* 
sare  you  tell  the  truth. 

[At  the  prisoners*  desire  the  witoesset  were 
ordered  out  of  Court,] 

Har grave.  The  first  beginnitig,  my  lord^ 
was,  my  master  sent  me  out  of  the  hiu»e  to 
call  a  pair  of  oars  to  go  up  to  Westminster  oti 
Tuesday  between  nine  uud  ten  oVlock* 

X.  C.  J.  What  day  of  tlie  month  ? 

a  a  f  grave  ^  1  do  not  know  ;  with  that  I  went 
and  (NiltfMl  a  pair  of  o»rS|  and  came  tiack  and 
told  him  I  had  c«IM  them ;  says  he,  ThomaSi 
get  your  hat,  and  go  along  with  mc ;  when  be 
bad  got  two  or  thret*  doors  from  our  lodging,  m 
tittle  man,  wbost?  natue  is  Tranter,  clapt  hitn 
on  Ihe  shoulder,  and  pteseutly  aiWr  ctt»e  aa<> 

C 


I 


: 


19] 


8  GEORGE  I.       Trial  of  Hugh  Reason  and  RoieH  Trataer^       [20 


other  man,  Reason,  and  said  they  arrested  him  ; 
with  that  my  master  says,  **  Gentlemen,  it' 
you  will  go  with  me,  you  shall  have  your 
money,  my  wife  is  with  child,  and  1  am 
afraid  she  will  be  frightened."  "  No,  damn 
you,  we  will  go  with  no  such  Minter;*' 
with  that  with  gjeat  persuasion,  my  master 
got  them  to  go  to  his  lodging:  my  master 
said,  **  fetch  the  attorney  and  I  will  pay 
tbe  money  :'*  Reason  sent  Tranter  for  the  at- 
torney, and  Reason  went  up  with  my  master, 
who  said  to  my  mistress,  "  My  dear,  don't  be 
frightened,  here  are  two  rascals  who  hate 
abused  me  in  the  street;"  and  mv  mistress 
said  to  me,  "  Go  to  my  nephew :"  1  went,  but 
he  did  not  immediately  come ;  when  1  returned 
I  went  into  the  room,  and  there  was  no  hai^m 
then,  my  master  was  walking  about  the  room, 
and  Reason  stood  with  his  iMick  to  the  ceiling 
with  his  face  to  the  pistols.  My  master  said, 
'f  Let  me  see  your  warrant:"  Keason  shewed 
it  him,  and  he  said,  *'  Wipe  your  arse  with  it," 
and  tliroweil  it  down  upon  tho  ground.  Reason 
asked  for  civility  money;  my  master  said, 
*'  No ;  he  would  gire  him  none,  for  he  had  not 
used  him  well."  At  last  Tranter  came ;  I 
opened  the  door  to  him,  be  run  up  stairs,  I  staid 
to  shut  the  door,  and  1  heard  a  rustling  or 
noise  ;  upon  which  I  ran  up  stairs  atW Tranter, 
and  I  saw  Tranter  close  with  my  master  and 
throw  him  against  the  closet  door,  and  Reason 
took  his  sword  and  ran  my  master  through  ; 
I  took  Reason  hold  of  the  sword  arm,  and  he 
said,  '<  Damn  me,  if  you  don't  go  out  of  the 
room  you  shall  die  before  your  master ;"  1 
heard*iio  pistol  all  that  time. 

Serj.  Chethire.  Did  you  go  in  afler  the  pistol 
was  shot  off  to  see  your  master  ? 

Margrave.  No,  I  did  not  see  him  till  after  he 
vtM  carried  into  the  other  room. 

Serj.  Cheshire.  Do  you  know  of  any  di- 
rection given  by  your  master  about  fetching  the 
money  P 

Hargrove  Yes,  I  heard  my  master  say  to 
my  mistress,  **  Fetch  the  money,  and  1  will 
pay  these  rascals." 

Mr.  Rrtve-  1  think  yon  say  upon  hearing 
of  a  scuffle  yon  ran  up*  stairs,  and  you  saw 
Tranter  run  your  master  against  the  doaet  door. 

HargraiK.  Yes,  Sir. 

Mr.  Heeve.  Had  your  master  any  weapon  ? 

Hargrove,  No. 

Mr.  Reeve.  Where  were  the  pistols? 

Hargravc.  Que  was  on  the  table,  and  the 
other  in  the  window. 

Mr.  Hungerford.  How  far  were  the  pistols 
from  your  master,  were  they  within  his  reach  ? 

Hargrove.  No,  Sir. 

Mr.  Hetve.  You  say  you  saw  him  stab  your 


master. 
Hargrove, 
Mr.  Rtcve. 

another  stab  ? 
Hargrove, 


Yes. 

Was  there  any  attempt  to  give 


Yes,  he  went  to  give  another 
atah,  I  lotrk  him  by  the  swoni  arm,  and  he  said, 
**  Damn  you,  you  shall  die  before  your  nuMtar." 
upou  that  1  went  and  onail  out  mnlar. 


X.  C.  J.  YoQ  say  that  before  that  he  de* 
manded  civility  money  ? — Hargrove.  Yes. 

X.  C.  J.    What  said  your  master  P 

Hargrove.  He,  said,  **  1  will  give  no  rascalf 
as  you  are  civility  money,  for  you  have  shewed 
me  no  civility." 

X.  C.  J.  Then  you  went  down  by  your  mis- 
tress's direction  to  call  her  nephew  ;  when  you 
returned,  before  you  came  up,  what  did  yoa 
hear  P  Did  you  near  any  noise,  or  buttle,  or 
blowP — Hargrove,  No. 

L.C.J.   None  at  all  P 

Hargrove.  No;  it  was  a(\er  Tranter  came 
that  I  went  ui»  stairs  again. 

X.  C.  J.  When  Tranter  came,  yoa  opened 
the  dour  to  him  and  followed  him  up  stairs  P 

Hargrove.  Yes. 

X.  C.  J.  Did  you  hear  before  Tranter  entered 
the  room  any  noise  or  stroke  P 

Hargrove.  Only  two  or  three  words. 

X.  C.  J.  What  were  those  words  P 

Hargrove.  I  don't  know, 

Mr.  H'lngerford.  What  said  Reason,  when 
your  moater  told  him  he  did  not  use  him  well  t 

Hargrove.  Then  he  was  mad,  he  swore  sad 
called  him  a  great  many  names,  called  him  a 
Minter,  and  1  don't  know  what. 

Reaton.  Did  not  your  master  request  us  la 
go  to  the  Tiltryard  coffee  house? 

Hargrove.  No;  he  said,  "  If  yoa  willpi 
with  me  I  will  pay  the  money ;''  you  said, 
*'  I  will  eo  with  no  such  Minter." 

X.  C.  J.  Did  your  master  desire  them  to  go 
to  any  particular  place  ? 

Hargravc.  He  said, "  If  they  wouM  go  witk 
him  to  Westminster,  he  would  pay  them  Iha 
money ;"  but  they  revised  and  said,  "  they 
would  go  with  no  such  Minter." 

X.  C.  J.  Did  yonr  master  propose  to  go  to 
his  own  lodgings  P 

Hargrove,  Yes,  when  they  would  not  M 
him  go  there. 

X.  C.  J.  Why  would  he  bad  them  have  gone 
to  Westminster  P 

Hargrove.  Because  for  fear  of  frigfatenin|p 
his  wife,  she  was  great  with  child  ;  with  greae 
persuasion  he  got  them  to  go  to  his  lodging*. 

Reaton.  Dvd  he  not  ask  us  to  go  to  bio 
lodffing? 

Hargrove.  I  don't  knew,  I  did  not  hear  him. 

X.  C.  J.  You  said  just  now  with  much  ado 
yonr  noaster  persuaded  them  to  go  to  hjs  lodg^- 
mg,  now  you  say  you  did  not  hear  him  sdc 
them  to  go ;  I  only  admonish  you  not  so  bo 
too  hasty  in  your  answers,  but  to  consider. 
Who  proposed  goingtn  your  master's  lodging f 

Hargrove.  Why  my  master,  when  they 
would  not  go  there. 

Reaton.  Did  not  I  ask  him  to  go  to  tfao 
Cn)wii-tavern  P 

Hargrove.    Not   that    I   beard;    I 


R(«8on  bid  Tranter  go  for  the  attomey. 

itararisllr.] 
terell  to  go  to  t 


X.  C.  J.  Did 


id  you  be 
tbeCron 


learTkaatararisJ 


Hmrgrmve*  No,  I 
ZWMlar.  M  «^ 

r 


HQ  Jor  fh$  Murder  of  Edward  LuiiereU^  esq. 

♦er  said,  **  fetch 


A.D*  1722. 


TrwmJtgr,  bid  not  i  ik-is,u  e  tj^our  iiiti^ltfr  to 
aarf  jnm,  ami  bi*  tatii),  Damn  jou,  vou  »lsuli 
^i0r''Jimrgmv€,  No,  I  heiird  do  such  thing, 

Ht*ter  Gtrrurdswairn. 

^ey  Ckokirt^  Do  jou  tetl  my  ton]  and  tlie 
jin  MMi  you  knoir  tvheinhc^  r!'^ -tints,  or 
«Mraf  Kli«m  Mrere  fti  Sir.  Lun  ^riit^s^ 

alvlai  fmsHied  lU«?re?  fiegia  «:  u.^  L.^muiug^ 

flaUt.    I   hititi«nirJ  to  be  id  tl»«  kitcheo 
^mmf  Dual' 
Sig*C&c»4^  ^  the  time  and  the  day 

BaHxf^  I  doo^l  IcDOW  indeed,  it  was  of  a 

Sirj.  CA«Air0!,  Do  vou  knoMr  what  naoalh  ? 

&»/«r.    1     don't    know.        Betng^  io    the 

liOHi  I  iMrard  my  mw^r  retarn  again,  when 

hwm  \mx  jait  g^otiv  out  before  ;  hearing'  bis 

i^K  I  atrf>|ted  to  th«  stairs,  md  wonderrd 

ftiilMiiil   ouHif  ■"-:    "  9«i*oon  ;  I  saw  hicn 

NMiiB  with  ;i  \^  \  beard  him  £^o  up 

tf^n,  1  fitftMKHJ^  .«.^,  i  i^eard  him  speak  loud  ; 

l^AaiKMNl  be  was  arrested ,  I  was  sur|jrjjted 

Ml;  ImmtA  a  lUtle  while  till   he  went  up, 

Ika  I  wrtti  up  to  my  mistreEs,  because  she 

9m  with    ciliiifl ;  I   waM  afroid  she  would  be 

I  (    wiMfp  I  came  up  she   was  iu  the 

i|;-niyai  with  tnv  miuiter  and  Mr.  He^isuo, 

A  a  liulr  time  she  went  out  ot  the  dmiiJ|i;- 

I  «ato  tiic  lit-'d  -ctiamber^  and  she  was  ticav- 

•e4  ia  aoaie  tiiiM;  my  master  anil  i>lr. 

^m  w«a  in  the  room  together,  my  master 

aci4    irmlkcd  about  the  room  ;*  I   staid 

wtk  my   ■litireta  some  time,  and   at  last   I 

hmmA  mj  nsMlvr  go  op  stairs,  and  he  rame 

4iwB  inuttidblvly   agam  ;  upon  this  I   went 

Mallie  Ttmtn^  rn*-  »•— -r  hud  two  pistols,  and 

ke  psc  iknn  on  '>f  his  coat ;   I  asked 

hm^  **  What  dj  i.     uith  tiiose  pistoU?  jf 

^  fin  wcomtfS  she  will  he  frii^hted  :"  Says 

k%  •*  I  «io**i  di^iL'ii    iti  «to  any  hurt/'    Thru 

^  laid  nw  hv^  1  abuseit  him  in  the 

Mfeai,  «mJ  cxiif  I  tier  ;  this  man  (potut- 

^1 1»  ffiwiwi)  t»aa  lu  tlie  room  all  the  time* 

Hr,  Mys  I,  pruy  lay  rhmn  ih^^  pistols,  and  he 

«[»aaa4lay  diiwuV  uds  on  the  taldc 

m  my  r^aeM,  and  h  .  hi«  cam*^  in  hts 

tel     I  wrnt  into  tht  mjijiii  ugnin  to  my  mis- 

tooR,  aad  w  t^m  1  csme  there  she  was  m  her 

^fc*  t^iuct   ♦  ""  yJ  ^*he  p)t  up, 

llted  (be  ctif^  r    down  OD   the 

%i-«Ae,  and  *.i^  trr^nivn.     1   pcf^uoded  hfr 

■K  III  ^  fm^blrd  :  Ahciwards  I  heard  some- 

'a*  iJi4*  door,  m»m(   I  »i.-i»|ied  out  to 

'  io,  and  J 

^     J   Tr« liter) : 

y  t>mc  alont;  the 

t'jMm  thst  I 

>«-re  was  a 


^  mi  thm  »taint  tii  \r% 
»  »1if*i**'  lHuO  ni  111  ; 


Tui  iiw  iiii*uivi  be  if  igUtwiMjd  i 


I  heard  a  noise,  but  did  not  know  what  ft  was ; 
I  heanl  the  nuise  i^ row  lyrreater ;  J  stepped 
softly  through  the  passa|fe,  threw  np^n  the 
dining^' room  door,  und  1  saw  Uub  i£ef}tleman 
(puiritinjr  to  ReaMOu)  stiibbiitg^  my  master  with 
sM  his  miffht  »nd  tuain,  and  be  on  \m  buck  on 
the  floor,  liftini^  up  bis  bands  as  if  he  be^K^ed 
for  nterey.  The  other  baih<r  had  hi;*  back  to- 
wtirds  ine,  staodioif  by  the  side  of  my  ma'iler  ; 
1  ran  to  the  door  and  cried  on  t  murder;  then 
off  went  lb*?  uiiitoj :  1  wns  fiii»h toned,  for  I 
thought  they  had  shot  after  me  ;  and  to  about 
two  minutes' there  went  off  another. 

Mr*  Hungerfm-d*  In  that  place  where  your 
master  was,  could  he  come  at  the  pistols  ? 

Hetter,  No,  my  master  had  hts  two  handa 
UHed  up  thus. 

Mr.  Hungerford.  Had  your  roaster  any 
thing  in  his  haudf — Hester.  So, 

Serj,  Chahire.  What  condition  did  you 
leaf  e  your  master  iu  when  you  went  out  ot  the 
room  ? 

Heslcr,  He  was  upon  the  grotmd  on  his 
back|  and  his  two  hands  hfted  op  tiius,  and 
Mr.  Reason  stabbing  him  when  upon  the 
ground  ;  he  stabbed  him  upon  the  hi\  sole, 

8erj.  Cheshire,  I  ask  you,  couHider,  by  the 
oath  you  have  taken,  whether  the  pistul  did  go 
off  till  after  you  had  ]el\  your  master,  and  he 
was  stabbiug  of  him  ? 

Hester,  It  was  after  that  I  saw  him,  within 
two  minutes  atler,  upon  my  crying  out  murder 
the  people  came  up  stairs. 

Reaaon.  How  long  was  this  after  Tranter 
came? — Hester.  Immediately* 

Reuson.  Flow  long  was  it  after  Tranter  cams 
in  befure  you  saw  this? 

Hester.  Not  long,  all  the  action  was  not 
long. 

Mr.  Strange*  You  did  not  observe  where  tlie 
jiislols  lay  ? — Hutcr.  No. 

Mr,  Utrange,  Did  you  oliserfe  your  master 
had  any  thin^  in  his  hand? 
Hester*  No,  I  dal  nf»t. 

L.  C,  J,  Did  you  see  your  master  when  be 
went  (Hit  in  the  morning  ? 
Hester.  No,  I  hesrd  him, 
L,  C.  J*  You  saw  him  when  he  returned  T 
HeHer,  Not  tUI   ho  was  up  in  the  dining- 
room. 

L  C.  X  Had  yoor  msMer  any  sword  oo  ? 
Hester,  I  beliete  he  had«  I  did  not  mind. 
J*.  C.  /.  When  your  m sister  came  in  and 
Reason  after  him,  v"«  hrard  your  master  tulk 
of  un  arrest,  and  that  you  had  the  cunosity  of 
hi  ariii^  whut  pii^M^d  betwei'o  ihvni ;  did  you 
heiir  uiiy  W(»rd»  ut  bent  orpa^siun? 

Hestrr.  N«»,  my  lord,  I  heanl  iiiy  master 
talk  somethtn^,  hy  which  I  understood  my 
niHSter  wa»k»rTe5«ti'd. 

X.  t\  J,  Did  your  mwsler  ^e^-m  angry  ? 
Hester,  Yea;  becnnse  ihey  seemed  so  tin* 
ci%il,  ibst  they  did  nut  come  and  give  htiu 
oottce  of  it. 

Mr.  i;  L    Y^ou  wiy  you  ^aw  your 

imstrr^.  »ari,  csii  you  guess  at  tb« 

quantity  ul  tV  i  — iia«f  •  No« 


1 


4 
< 

1 
« 


83] 


8  GEORGE  L       Triai  ffHugh  Reason  and  Robert  Tnader^       \Vk 


Mr.  Hungerford.  Can  yoa  tdl  for  what  par- 
pose  slie  was  tellinir  ^lio  money  P 

Serj.  Cheshire.  Did  you  bear  Nr.  Latterell 
apeak  to  bis  lady  to  fetcb  any  money  P 

Hester,  1  was  not  in  the  room. 

Reason.  Did  I  stay  in  the  room  by  myadf 
when  your  master  went  up  stairs  P 

Hester,  Yes,  you  did. 

X.  C.  J.  And  when  he  came  down  he  bad  a 
case  of  pistols  P 

Hester.  Wiien  I  saw  him  he  bad  them  in 
his  band,  and  when  1  insisted  upon  his  Uyin^ 
tliem  down,  be  came  and  laid  them  down  on 
the  table  by  me. 

Mr.  Hungefford,  When  did  jrour  master  die  P 

Hester.  He  died  the  nig^t  following,  1  was 
with  him  all  the  time. 

TTiomas  Waters  the  waterman  sworn. 

Reij.  Cheshire.  Thomas  Waters,  will  you  tell 
my  lord  and  the  jury  what  you  know  on  the 
occasion  of  a  noise  and  crying  out  murder  at 
Mr.  Luttereirs  lodging. 

Waters.  AIv  lord,  I  was  at  the  water-side 
wlien  capt  Lutterell  came  down  to  go  by 
^ater,  I  went  down  to  carry  him,  there  two 
men  crossed  over  the  way  to  him ;  I  was  gone 
down  to  my  boat  to  wait  for  him,  but  he  not 
coming  down,  I  came  back  again,  and  seeing 
them  go  into  the  house,  I  went  to  the  water- 
aide,  and  staid  there  some  time,  and  the  lad 
running  out  of  the  house,  and  crying  fire, 
munler,  I  run  up,  and  run  into  the  door,  and 
when  I  was  about  halfway  up  stairs,  "  Lord," 
says  the  boy,  '*  they  are  murderioff  my  mas- 
ter ;"  I  run  to  the  stair-head  and  heard  the 
pistol  go  off,  and  then  said  to  the  boy,  is  there 
any  more  pistols  P  Then  I  opened  the  door, 
and  went  in,  and  met  Reason  with  his  sword 
drawn  in  bis  hand,  and  as  he  was  putting  it  in 
it  stuck. 

Seij.  Cheshire.  Where  was  captain  Lut- 
terell P 

Waters.  Laid  down  on  the  floor,  all  in  his 
gore ;  when  I  came  into  the  room  the  young 
man  followed  me  in ;  1  saw  one  pistol  lay  upon 
the  Ubie ;  Tranter  was  behind  Reason,  Rmlsou 
was  putting  his  sword  into  his  scabbard,  and 
it  stuck ;  and  as  I  came  in  Tranter  shewed 
nie  his  hand,  and  said.  See  how  I  am  used ; 
Reason  was  opening  the  door ;  1  took  hold  of 
him  and  said,  You  must  go  no  further,  here  is 
murder  done ;  then  the  constable  came  in,  and 
I  charged  the  constable  with  them.  The  cap- 
tain's sword  was  in  the  middle  of  the  room 
broke,  he  lay  on  his  right  side  with  his  arm  on 
(be  chair. 

Serj.  Cheshire,  flow  far  was  the  table  off  P 

Waters.  Tbe  whole  breadth  of  the  room ; 
he  lay  just  before  tbe  fire-place ;  1  saw  but 
one  puiol ;  1  came  in  when  the  last  pistol 
went  off,  and  1  met  Mr.  Reason,  and  put  him 
by  with  my  hand,  to  o(»me  into  the  room. 
'  Trcnter.  What  wound  did  you  see  me 
have? 

Waters.  No  more  than  in  your  hand ;  he 
diewedinaliishand. 


X.  C.  J.  Did  it  appear  to  you  upon 
on  his  hand,  that  he  had  receiTed  a 
his  handP 

Waters.  Yes,  my  lord,  I  belieTe  he  was 
wounded,  because  he  shewed  me  his  hand,  and 
it  was  bloody. 

Tranter.  Was  my  bead  broke? 

Waters.  1  did  not  see  that. 

X.  CJ.  J.  When  you  came  into  the  room  yoa 
saw  bnt^ooe  pistol? 

Waters.  1  saw  but  one,  and  that  apoo  the 
table,  just  as  I  came  into  tbe  room. 

X.  C.  J,  How  far  from  Mr.  LutterdI  wasitP 

Waters.  1  bdicTC  three  yards. 

L.  C.  J.  How  far  ftom  the  priaoner,  or 
either  of  them  ? 

Waters.  The  prisoner  stood  by  the  table,  as. 
1  came  into  the  room. 

X.  C.  J.  Was  the  sword  in  the  scabbard  tket 
was  broke? 

Waters.  It  was  out,  and  please  yoo,  my 
lord, 

X.  C.  J.  Whose  sword  was  it? 

Waters.  It  must  be  the  deceased's,  becaott 
tbe  other  bad  his  sword  .with  him  in  his  hand 
drawn.  I  saw  the  blo<id  :  I  desired  the  eon* 
stable  to  draw  the  sword,  and  I  saw  it  bhiody 
a  good  way. 

Mr.  Peters  sworn. 

Serj.  Cfteshire.  Mr.  Peters,  will  vou  tell  my 
lord  and  the  jury,  whether  on  the  17th  eif 
October  Ust  you  was  sent  for,  and  by  whemf 

Peters.  On  the  17th  of  October  kst,  I 
think  it  was  in  the  forenoon,  about  19  o'dock, 
I  was  sent  for  to  Tisit  Mr.  Lutterell ;  the  mee- 
senger  told  me  he  lay  expiring :  I  came  into 
his  room,  where  I  found  him  on  his  bed,  in  a 
wounded  condition,  and  hmguishing  of  hie  * 
wounds ;  he  seemeid  desirous,  that  1  would 
pray  to  Almighty  God  for  his  soul,  for  he  be- 
lie? ed  he  had  but  a  little  time  to  cootiBue  in 
this  world,  and  therefore  he  desired  to  make 
tbe  best  use  of  it ;  I  was  ready  to  assist  him^ 
and  desired  him  to  consider  how  far  he  might 
be  instrumental  in  bringing  this  misibrtone  ea 
himself.  I  desired  him  to  consider,  that  as  s 
dying  man  great  weight  would  be  laid  on  Us 
wonb,  therefore  if  be  said  any  thing  net 
strictly  true,  he  might  iuTol? e  innocent  peepis 
in  the  guilt,  and  the  punishment:  theKtbre  I 
desirecT  him  to  lay  his  hand  upon  his  heart  and 
consider. 

He  told  me,  *<  As  a  dying  man,  as  he  ex- 
pected to  be  tried  for  this  very  fact  at  the  her 
of  heaven,  as  wdl  as  the  persons  who  bed 
injured  him,  he  assured  me  he  was  murdered 
in  a  barbarous  manner.'**  Afterwards  came  ia 

*  Concerning  tbe  admissibility  as  evidenne 
in  cases  of  murder  of  the  dying  oeclaratiotts  if 
tbe  deceased  person,  Mr.  East  (Pleaaoftlm 
Crown,  c.  5,  §  194),  saya,  ••  Besides  the  mmA. 
evidence  of  gnilt  in  general  eeaei  of  Mem 
there  is  one  kind  of  evUcMe  nmra  nsadip* 
tbe  case  of  taueideb  wUdk  m  ths  dM^ 
€f  the 


«3] 


JIft  ih€  Murder  of  Edward  LuiiereU^  wf .  A-  D,  1722. 


mmChmn^^  a  ItajIsfT  in  the  same  street,  and 
imawA  nm  to  pat  it  home  to  him  :  I  tlid  ;  u^Hm 
whkk  be  iii«^e  itie  i!ie  same  nnswer,  **  Tliat 
W  «i»  kartNVtMKly  mtirJerPil  ;'*  he  ^%ttIitetl 
i|gntt,  or  wouM  liare  eKt»refi^t^«)  himself  more 
fali|r :  OB  Ibis  1  pmyeJ  by  him,  udU  when  ( 

hct  iUcif,  and  the  party  hy  whom  it  was 
iMiOed*  £vitlence  of*  this  sort  is  uitmissible 
Ia  Itbii  Ckfle  Of)  the  futlet^t  tiecessity  i  for  it  ofttn 
that  llitfue  is  no  iliiri!!  perion  present 
m  eye-witnewto  the  fact,  and  the  usual 
■llMaim  ulher  felonies,  namely,  the  party  in- 
jmrihamtrH't  is  gotten  rid  of.  'But  in  order  to 
•ft  far  as  possihlCf  the  purity  and 
of  such  eTideoce,  it  mu^t  appear  that 
~  at  the  time  ot  making  8ucb  de- 
wa3  conscious  of  hU  ijaoger ;  such 
being  constdered  as  equiiralent 
tolbaBBCtkvo  of  an  oath/'  [and  as  not  greater ; 
tf  (be  testimony  upon  oath  of  any 
(mm  of  an  attainted  convict)  %Ton1d  not 
eiit  iM>  neither  shall  hif;  d^in^  de<:bra- 
See  George  Drtimmond's  Case,  Oh! 
Sppiember  Sessions,  178i.  Leaches 
niCruwn  Law. — Upon  the  same  prin- 
d^v  il  wmy  be  conjectured,  that  the  dyhifz 
JM^iiHiiiiiiiiiM  of  a  {>erson,  of  whom  it  should 
le  ^rofvtl  that  at  the  time  of  makings  ihcrn, 
it  fid  bOl  believe  In  a  future  slate  uf  moral 
would  not  be  received],  '^  imd  that 
mmM  be  dis(>osed  under  such  cir- 
to  belle  his  conscience:  none  at 
bmd  Aiy  sense  of  rehgion.  But 
need  not  have  been  ex- 
by  Ibe  deceased  ;  it  i*  enough  if  it 
rbl  he  collected  from  circumstances,  and 
Comat  ftre  to  jud^e  of  tht<  consciousness 
tit  the  admission  of  this  sort  of  testi- 

la  eosfbrniity  to  tlits  laxt  position,  it  appears 
lb«l  in  Mari^rel  Tiuckler^s  Case,  Durham, 
mi,  (HV.  £ut  PL  Cr,  ub.  Slip,  from  MH. 
Gaold,  J*  md  MS-  Crow  n  Cases  reserred)  the 
wlietber  her  declarations  were  made 
m  OOGSciOQsness  of  her  dan|«er,  was  ujmu 
aiupit*  oi  execution  referred  to  the  determi- 
of  tbe  judges. 

agmtii,  in  Thomas  John's  Case,  Car- 
8pr.  Sess.  1790,  (ciL  £ti9t  PI.  Cr.  ub. 
M8.  Buller,  J,)  the  Court  was  of 
thai  the  evidence  of  the  stiite  of  tlie 
wS^M  bedtb  at  the  time  the  declarations  were 
suliicient  to  shew  that  she  was  ac- 


M|  dying t  and  that  it  was  to  be  inferretl  from 
ite  ibe  ivms  conscious  of  her  situation :  and 
direction  was  given  to  the  jury 
siabi«ct.  The  jory  having  found  the 
l^itiUy,  this  point  was  (among  others) 
|o  the  judges,  wbo  at  a  cootcreoce  in 
Ttmiy  1790,  all  agreed  thot  it  ought 
bo  M\  to  the  jury  to  say  whetht^r  the 
Ibooght  she  was  dying  or  not ;  for 
be  decided  by  the  judge  before  be 
lb*  erideDce, 
Asd<gttin,  ID  Ueorv  Wdbounie^s  Case^  Lin- 
'   "  a?>3,  (cit,  EmI  PL  Cft  ub. 


[96 

Itiid  done,  X  took  m}*  leave  of  him,.  In  about 
an  hour  afterwards  I  was  sent  for  agaiu  ; 
when  1  came  there,  I  met  Mr.  Vernon  and 
Mr.  Uaynes,  justices  of  the  peace;  one  of  the 
justices  gave  Mr.  Lutterell  liis  oath,  and  them 
being  no  clerk  there,  desired  me  to  take  hit 


sup.  from  MS.  Bugler,  J.)  though  at  the  trial 
the  jndge,  (Aiilihurst,  J.)  left  it  to  the  jury  to 
consider,  whether  from  the  whole  of  the  evi- 
dence they  were  satisfied  that  the  deceased,  at 
the  time  she  made  the  declarations,  was  con* 
vjneedof  the  dani^er  of  her  situation,  yet  upon  a 
reference  to  the  judges  in  Michaelmas  Term, 
1792,  they  all  agreed,  that  whether  the  de- 
Cfiiiiied  thought  herstlf  in  a  dyin|f  state  or  not, 
was  matter  to  be  decided  by  tne  judge  in  order 
10  receive  or  reject. the  evidence,  and  that  that 
point  should  not  he  kft  to  the  jury. 

It  is  not  stated  from  what  principte  thin  doc- 
trine was  deduced,  which  is  to  be  regretted, 
since  It  may  li«  thought  that  the  question, 
wh ether  at  a  giTeii  time  a  person  did  or  did  not 
think  that  his  death,  was  at  hand^  is  a  luere 
question  of  fact,  perfectly  distinct  from  any 
[lomt  nf  law,  and  perfectly  free  from  any  mat» 
ter  ol  legal  inference;  and  accordingly  in 
the  cose  last  cited,  it  has  appeared,  that  at 
the  trial  the  judge  left  the  consideration  and 
decision  of  it  to  the  jury.  8o,  too,  in  the  Caso 
of  Wrlham  Woodcock,  who  was  tried  at  the 
Old  Bailey,  January  ^ssion^  17B9,  before  Lord 
Chief  Baron  Eyre";  present  Mr*  Justice  Ash- 
hurst,  and  Mr.  Serjeant  Adair,  Recorder.  (See 
L^tch'sf  Cases  in  Crow  ii  Law).  The  j udge,  no* 
ticing  a  doubt^  whether  a  certain  examination 
upon  oath,  taken  by  a  uaagistrate,  of  the  de- 
cefised,  was  such  a  defiofiition  as  could  l>e  read 
under  the  statutes  of  Ph.  and  M.  eicpressed 
himself  as  follows  :  '^  My  judgment  is,  that  in* 
asmuch  as  she  wa^;  mortally  wounded,  and  was 
in  a  condition  which  rendered  almost  imme- 
diate death  inevitable,  as  she  was  thought  by 
every  person  about  her  to  be  dying,  though  li 
was  difficult  to  get  from  her  particular  ejcpla- 
nations  as  to  w  hat  she  thought  of  herself  and 
her  situation,  her  declarations,  made  under 
these  circumstances,  ought  to  be  considered 
by  a  jury,  as  being  made  under  t*he  impressioa 
of  her  approaching  dissolution ;  for  resigned  as 
she  appeared,  she  must  have  felt  the  hand  of 
death,  and  constdered  herself  as  a  dying  wo- 
n»an.  8hc  continued  to  repeat  the  tacts  she 
disclosed,  rationally  and  Dnifonnly,  from  the 
moment  her  senses  returned,  umif  her  tongue 
was  no  longer  capable  of  performing  its  ofhce* 
Declarations  so  made  are  certainly  entitled  to 
credit;  they  ought  therefore  to  he  rec^^ived  in 
evidence  :  but  the  degree  of  credit  to  w  hich 
they  are  entitled  must  alwavs  be  a  nialter  for 
the  sober  consideration  of  the  jury,  under  ail 
the  circumstances  of  the  C4ise." 

As  to  the  respective  provinces  of  judges  and 
jurie!!,  6ee  vol.  6,  pp.  967.  992.  BusheU^s 
Case,  999.  lOVi ;  the  modern  prosecutiona 
prior  to  the  Libel  Act  (stat.  $%  O.  3,  c.  60), 
aad  particularly  the  Case  of  Fnuicklift»  *«  i». 


\ 


27] 


«  GEORGE  I.       Trial  of  Hugh  Reason  and  Robert  Tranter^       [28 


words  ia  writinsf,  which  I  did  ;  the  words  were 
these ;  '*  The  bailiffs  took  the  pistols  from  my 
table;  they  fired  them  twice;  the  fat  man 
drew  his  sword ;  and  run  me  into  the  bodv 
with  his  sword;  and  then  drew  my  sword, 
which  I  broke  in  hi^  band,  and  be^ed  for  life  ^ 

1731,  in  this  Collection.  See,  too,  vol.  8,  p. 
d6;  vol.  11,  pp.  37^,  373. 

The  Statatum  Wallise  expresses,  <  De  Officio 
Coronatoris ;'  **  Eritque  oflioium  ejus,  quod 
8t<itim  post(|uam  ab  aliquo  requisitus  tuerit  ve* 
nipudi  ad  videndum  mortuum  iuterfectum  per 
feloniam,  vel  submersuro,  aut  quocunque  alio 
modo  mortuum  per  infortunium ;  et  eliam  ad 
videndum  hominem  euormitervulneraium,  de 
cujus  vit^  desperatur ;  quod  statim  raandabit 
vicecomili  vel  oallivo  commoti,  quod  venire  fa- 
ciat  coram  eo  certo  die  et  loco  omnes  duodecim 
annorum  et  ultra,  de  vill£^  ill^  in  qu&  casus  con- 
ti^erit  et  de  quatuor  villatis  propinqiiioribus,  et 
quod  per  eorum  sacramentum  fidelii^r,  caut^ 
et  secret^,  ac  diiigent^r  inquiret  de  leloni&,  de 
felonibus,  et  eorum  catallis,  similiter  de  facto, 
et  de  modo  facti,  videlicet  quis  fuerit  culpabilis 
de  facto,  quis  de  vi,  et  cujus  modi  vi,  quis  de 
pnecepto,  seu  missione,  quis  etiam  de  recepta- 
mento  post  factum,  et  de  catallis  eorundem  ho- 
ininum  qui  per  inquisitionem  iade  culpabiles 
iuventi  fuerint." 

<<  This  branch  of  duty"  (the  attendance  and 
summoning^  a  jury  in  case  of  any  person's  being 
so  severely  wounded  that  his  life  is  despaired 
of)  **  in  a  coroner,"  says  Mr.  Barrington,  '<  is 
now  totally  neglected,  as  his  proceedings  are 
only  *  super  visum  corporis :'  it  is  a  regulation 
however  whiph  deserves  much  to  be  revived. 
And  1  should  conceive  that  this  attendance  of  a 
coroner  with  a  jury  when  a  dangerous  wound 
had  been  received  was  to  prevent  the  dying 
words  of  the  person  murdered  from  being  evi- 
dence"  [quere  the  precise  meaning  of  this,] 
**  as  this  kind  of  proof  though  allowed  at  pre- 
sent cannot  be  too  cautiously  admitted.  It  is 
presumed  indeed  that  the  words  of  a  person 
expiring  cannot  but  be  true,  considering  the  si- 
tuation uudec  which  he  gives  the  information. 
But  may  not  a  dying  man,  though  a  good 
Christian,  deprived  of  expected  happmess  in  life 
by  a  wound  received  perhaps  from  an  enemy, 
rather  wish  his  punishment  more  eagerly  than 
he  should  do  ?  and  may  not  those  about  the 
dying  person,  who  are  generally  relations,  re- 
peat what  he  hath  said  more  strongly  on  his 
trial,  than  possibly  the  wortls  were  delivered?" 
Observations  on  Statutom  Wallie. 

Concerning  the  admissibility,  under  the 
Scots  law,  ofevidence  of  Dying  Declarations, 
I  find  the  following  passage  in  Mr.  Hume's 
*  Commentaries'  respecting  Trial  for  Crimes, 
▼ol.  3,  pp.  237,  et  ug. 

*'  In  cases  of  murder,  oor  judges  have  aU 
ways  admitted  evidence  of  the  dying  declara- 
tion of  the  deceased,  even  though  purely  verbal, 
•dA  sdll  more  if  redueed  into  writing  by  toy 


1  neitlier  fired  a  pistol  nor 
they  both  run  me  through ; 
them  the  money."  I  think 
words  he  said.  AAer  this 
again,  and  still  desired,  that 
any  thing  to  the  charge  of 


made  one  push  ; 
1  offered  to  pay 
these  are  the  very 
I  praycHl  by  him 
he  would  not  hiy 
people  that  were 


creditable  person,  with  respect  to  the  manner 
and  guilt  of  his  death ;  justly  considering  that 
such  materia]  testimony,  and  given  on  so  try- 
ing an  occasion,  is  of  some  weight  in  the  scale  ^ 
ot  evidence  and  sound  reason,  as  a  circum*  ' 
stance  and  presumption  of  guilt,  though  not  to 
be  received  certainly  as  of  equal  value  with  aa 
oath  emitted  before  the  assize.  This  doctrine 
has  the  sanction  of  many  precedents  in  va«  •' 
rious  forms.  In  the  case  of  William  Ross,  Fe-  ' 
broary  16th,  1719,  the  interiocntor  sustains  this,  < 
among  other  articles  of  presumption  against  ^ 
the  pannel,  *  And  upon  carrying  the  pannel  to  ^ 
the  defunct's  house,  he  the  said  defunct,  whca  v 
on  death  -bed,  U|M>n  seeing  the  pannel,  did  do*  > 
dare  that  he  the  said  pannel  was  the  persoa  ,« 
who  gave  him  the  wound.'  The  libel  against  vj 
George  Donakl,  August  4th  and  11th,  1730,  '-^ 
relates,  '  at  least  at  the  time  and  place  afore-  'i 
said,  the  said  deceased  Robert  Stewart  received  -i 
a  wound  in  the  bell  v,  of  which  in  a  short  space  <  j 
he  died,  and  upon  the  noise  made  by  the  firing  ;. 
of  a  pistol,  one  of  the  neighbours  running  in*  •. 
mediately  into  the  said  house,  saw  him  the  said  ^j, 
George  Donald,  with  a  pistol  in  his  hand,  x 
which  was  smoking,  and  fire  on  the  breast  of  \i 
the  said  liobert  Stewart's  clothes,  and  havinr  y 
opened  them,  saw  ane  wound  bleeding,  ana  \ 
beard  tlie  said  Robert  Stewart  say,  that  he  the  «, 
said  George  D«)nald  had  shot  him.'  Testimony  >, 
was  given  to  this  material  circumstance,  not*  | 
withstanding  the  opposition  made  to  it  by  the  <^ 
pannel.  Indetnl,  in  such  cases,  the  dying  d^  4 
claration  is  properly  a  part  of  the  fact,  or  story.  -., 
<*  The  indictment  of  Norman  Ross,  mskes  the  ,1! 
like  charge  in  these  words :  '  And  she  being  yet  *. 
able  to  speak,  declared  to  the  persons  pre-  ^ 
sent,  that  he,  (Norman  Ross)  was  the  person  ^' 
who  had  done  that  bloody  deed,  and  directed  ,^ 
tliem  to  look  for  the  knife,  which  was  accord-  , 
ingly  done,  and  found  behind  the  bed,  besmeei^  .' 
ed  with  blood:'  And  these  things  weut  to  ^ 
proof  without  objection.  The  like  was  allowed  ^ 
in  the  trial  of  Nicolas  Cockburn,  August  lOtb,    ^* 

1754,  for  poisoning  her  stepmother:  A  siir-  ' 
geon  who  attend^  the  deceased,  and  Mr.  ? 
Duudas  of  Amiston  (afterwards  lord  president  ^ 
of  the  court  of  session,)  who  had  acted  •■  n  *|| 
justice  of  peace  on  Ihe  occasion,  deponed  et  , 
large  to  the  account  which  the  deceased,  in  her  ,,^ 
illness,  had  given  them,  of  the  violent  and  sad*  ] 
den  manner  in  which  she  was  taken  ill ;  of  the  ^J 
pannel  having  prepared  breakfast  for  her ;  of  ^ 
the  various  shins  and  subterfuges  which  aha  J 
used  to  avoid  detectiou ;  and  iu  short,  of  her  ^' 
whole  grounds  of  belief,  that  the  pannel  wee  ^ 
the  cause  of  her  death.  There  is  another  ceee  ^ 
of  murder  by  poison,  August  9th  and  lOlh    ^ 

1755,  that  of  Andrew  Wilson,  who  was  tf  led  || 
for  poiioning  lue  wife ;  end  tlien  the  libel   j| 


B]  j6r  tie  Murder  ofEdxmrd  Lutterellf  esq. 

i«t  fnOiy  :  I  lell  him  tben,  «nd  carne  ii^abi  a 
Ibipi  tnnVf 


A.D.  1722. 


f38 


•nd  as  I  wiui  pruyintt  by  liitvu  he 
rtir,  arift  nskeil  me^  W  it  was  tiol 
iciipir  to  FP^oeive  ibe  holy  sacrament^  which 
W  «•»  4e«triMis  to  do:  1  asked  hiin,  if  ever 
h^  liati  reerited  th«  ncrament ;  he  totd  nie 
l»  batf  t  I  d«^ired  him  to  consldtTt  and  lo 
•■Milivifi  I  |iyt  blm  into  a  method  ;  I  told  him 
a*  ikm^  which  was  necessary,  which  perhaps 

%etf¥ii^like  inip^atrbmenl  of  the  piiRnel,  hy 
iWlRfim*!  Hjwti  her  de*lh*bed,  thus  :  *  And 
1ilar»i  Ljd  HI ifCj  during  hc^r  said  last 

ik^  e  pr&««uce  and  hearlogf  of  se- 

l|eTVii^«  txjftfss  silrong  aiiJspicions  of  your 
jfMooed  her  with  the  said  drink.*  Last 
f  owv  i»pp4*al  to  the  noted  trial  of  Muns^o 
,  Februiiry  S6tb,  1770»  where  Mr» 
r,  tt«e  surg^eon  who  itlended  lord  EtfUn* 
«i*«  hi'*  flrj&lb  hed«  g^ave  evidifnce  of  bis 
»mtitin»  wiih  r(^Kp€ct  to  the  (>ccii5ioti 
ring*  ibe  mortnl  wound » 
Ligr||,t'rc)fn  their  nQlure.cases  of  murder 
i  trec^tietit,  they  lU'e  not,  however, 
i«  skIv  caiw^i  in  which  this  sort  of  evidence 
mty  btVfat>)oy  ed,  a$  appears  from  what  passed 
h  Uie  Utal  of  J  amen  Mat:gTegor,  Augii-,t 
H  1TS3,  for  the  aMuction  and  fori^ible  raarry- 
m^oiJema  Key.  After  being  recovered  out  of 
A0  pattiitil*s  bands,  and  placed  with  a  relation 
if  Mr  OWO4  that  unfortunate  young  woman 
Mm  tbe  ^th  of  May,  of  her  own  acijord, 
MB  into  the  presence  of  two  of  the  judges  (tlie 
M  ^^iistser-eieik  aod  lord  Drummore,)  and 
W  ffifal^ly  related  lu  tbeni  the  story  of  her 
Mfoififg^T  wliicb  was  duly  taken  down  in  writ- 
mff-f  mmI  slie  had  afierivards,  in  presence  of 
teCoufi,  eonfirmcd  and  publicly  adhered  to 
Ikii  4ecSimtiofi.  But  at  this  time  &he  was  in 
ai  iftAmi  aitd  languishing  condition,  in  coo- 
ef  Iht!  ^ievuus  outrages  which  she 
foficfrd  ;  and  she  died  before  the  libel  was 
tt^fwi  the  author  of  her  dlhrresses.  To 
Mf^t  therefore,  as  far  as  mii<lit  be,  this  ma* 
~  *  '  4tSkt%  llie  piTrteciitor  Hbelled  on  these 
of  ber's,  as  meaning  10  prnduce 

\  hf  wmf  of  evidence  in  the  iriaL    Accord* 

iiflf ,  mtUft  bearing  counsel,  the  Court  allowed 
iM  IP  be  ii«ed  as  circumstances  of  presnmp- 
!■  agttiiit  the  pannel ;  and  they  were  again 
fnime^  Auifiist  6lb,  December  97,  1753, 
Hlbeinal  of  Robert  Mae«rrt*gor,  ibe  associute 
#laiiei  ill  this  atrocious  enterpnze. 

*  4i  irsiimonieiiof  ihii^  sort  may  thus  serve  to 
^iq|i|irfli  tl>e  case  ag^ainst  the  pannelf  ro  may 
ivf  dotthtkftfa  be  referred  to  on  bis  [Mirt,  iriih 
i|Mi  cralit,  AS  ^f^t  as  they  are  favourable  to 
l»  ijfaici.  Kucb  BU  appeal  was  made,  and 
f(»f»,  in  the  trial  of  8nmuel  Hale,  a 
'1  accidentally  stmt  hi"*  comrade, 
1  d,  in  the  course  of  some  sport 
:f  on  between  tbem.  It  was 
e  that  the  deceased,  when  sup- 
hitt  death -bed, 
mis:    ''That  he 


Girt 


.e  fr 


:^ 


cs 


liiut  ^,^..«Mu^^  i^<iic,  panneli  knew 
:  fkw  WIS  ioAdcd,  tnd  tliut  he  free- 


he  might  come  into  with  relaclanee,  and  that 

was  charity  and  forgiving  his  eneraica.  ]  told 
him  be*  had  been  hardly  dealt  with  1  lietieved, 
)'et  it  did  behove  hiin,  us  he  diett  a  Chri^iau^ 
to  forgive  them :  he  lold  me  be  did  lbr^''ive  them^ 
and  be  hoped  Almighty  God  at  the  last  day 
would  forg-ive  their  indiscretion  ;  he  died  bqiho 
ttme  afterwards^  but  th'u  in  so  doling  a  condi* 
tion,  that  f  could  nol  attend  him  lo  any  pwryme, 

ly  forgave  bim,  and  stretched  forth  bis  baail 
aod  kissed  hiui^  and  said  be  believed  he  mean4 
bitD  no  barm,  and  that  the  same  was  acci- 
dental.' Hale,  in  consequtmce,  bad  a  verdict  of 
acquittal »  Though  not  attended  with  the  sam^ 
Wtieiit  la  the  puna  el,  the  like  eiidence  iu  a 
written  form  was  allowed  in  the  trial  of  John 
Dowuie  for  murder,  December  12tb,  1774, 
who  prudiiced  the  dying  declaration  of  the  de- 
ceased, tiiken  down  before  witne^es,  by  the 
minister  of  the  parish.  In  one  instanoe^  and  I 
believe  in  one  only«  a  pannel  had  been  allowed 
to  avail  himself  of  a  testimony  of  a  more  un- 
usual  kind.  In  the  trial  of  Alexander  Heid,  m 
revenue  officer,  for  murder,  March  15ih^  17fti* 
be  founder]  on  the  decliiration  betiire  a  tuai^is- 
trate,  of  John  Faiquharson,  also  a  revenue 
officer,  and  one  of  the  same  party,  wh4>  had 
likevtise  been  accused  of  the  murder,  but  was 
DOW  deaiL  But  this  of  allowing  a  deceajed 
culprit  indirectly  to  s;ivc  evidence  for  another 
culprit  on  his  trial,  cannot  be  considered  any 
otherwise  than  aa  an  exii  anrdiLtary  indulgence, 
which  vva.s  owing  only  to  the  lord  advocate's 
crnii^ent,  given  on  account  of  the  particular  cir- 
cumstances of  the  case/' 

]  n  Aveson  v.  lord  Kinnaird,  d  East  1Q8>  it 
v,3ih  held  that  in  an  action  by  the  husband  upon 
a  policy  of  insuianee  on  the  life  of  his  wife^ 
made  by  her  when  lying  in  bed  apparently  ill, 
stating  the  bad  state  of  her  health  at  the  period 

of  her  going  to  M {whilher  slie  went  a  fe*r 

days  before,  in  order  to  be  examineil  by  a  sur- 
geon,  and  to  get  a  certificate  from  him  of  good 
health  preparatory  to  making  the  insurance) 
down  to  that  time,  and  her  apprehensions  that 
she  could  not  live  ten  day?  longer,  by  %vhich 
time  the  policy  was  to  be  returned,  are  admis* 
Bible  in  evidence  to  shew  her  own  opinion,  who 
best  knew  the  fact  of  the  ill  state  of  her  health 
at  the  time  of  effecting  the  policy^  which  was 
on  a  day  intervening  between  the  time  of  her 
going  to  M-  -,  and  the  day  on  which  such 
declarations  were  made :  and  particularly  after 
the  plaintiff  had  called  the  surgeon  as  a  wit- 
ness, to  prove  that  she  was  in  a  good  state  of 

beahh,  when  examined  by  bim  at  M- ;  bis 

jutlgment  being  formed  m  part  from  the  salb- 
factory  answers  given  by  her  to  his  enqniries. 

And  in  the  same  case,  lord  Ellen  borough 
mentioned  a  case  of  an  action  upon  a  l^ond,  in 
which  Mr.  Justice  Heath  permitted  evidence 
to  lie  received,  that  the  attesting  witness  l»ad  in 
his  dying  momeota^egged  pardon  of  heaven 
for  having  been  concern^  in  forging  the  bond* 
See,  also,  Wright  v.  Littler^  0urrow,  1565, 
'cited  by  lord  Ellenborough, 


8  GEOHGE  I.       Trial  n/Hugh  Reason  and  Rohtrt  Tranter, 


Mr.  Hunger  ford.  Did  be  siy  toy  thing- 
I'iibotit  wbo  Bred  the  piblol  ? 

Fetert.  i  meniioneil  k  to  liim ;  wl»rii  I 
[ttikerl  him,  if  he  had  Bred  either  ol  llie  ptHU«ls% 
1 1  tuhl  hiinoneof  the  iiaihff^  viii«  uoundiil, 
(ant)  that  there  were  ifvo  hnlls  takni  out  of  hh 
lliarid  ;  he  assiured  me,  as  he  vfnA  a  dvitig  mati, 
,  lie  fired  uf  tther  of  liw  pisiol-t. 

Heusoft*  Did  not  he  confess  that  he  bad 
binike  CHIP  of  their  headts  ? 

ttUrg,  No,  he  did  not  say  be  broke  one  of 
freir  heads,  nor  dti y  thiii^jf  hkt-  it ;  «o  far  from 
that,  that  he  said  he  did  not  deujg'u  to  hurt  a 
buir  of  their  heiids. 

L,C  J.  I  ihiok,  Mr,  Peters,  you  Ray,  when 
r^ou  came  there  you  met  uiih  two  justicei  of 
T'the  peace,  Mr,  Vtinon  and  Mr.  Htiynei!,  and 
pt>ecau!»e  they  hid  no  rli-rk  there,  they  (Jeairetl 
70U  t<»  take  the  esuioiinaitoii. 

Pet  en.  Yea,  my  ioi-d,  t  diil  lake  it. 
8erj.  Chahire,  My  l*>f*l,  I  ajiprebendei!  we 
^hid  it  ready  to  prodace,    or  else  1    hud   not 
ned  it ;  but  upon  my  caltio*'  for  it,  I  am 
Kiold,  to  my  surprise,  that  Mr.  Veruoa  hath  it, 
■snd  be  tn  gmw  intn  the  country. 
Fettru,  i  hare  a  copy  of  il. 
i,  C-  J.  We  must  have  the  orii^naU 
PeUrt,  My  lord,  there  ia  a  copy  of  it  in  my 
^onition  before  the  coroner. 
L*  C*  J,  la  Mr.  Haynesheref 

Mr.  Haynet  called. 

L.  C*  J.  You  have  g^iven  an  accoutit  of  the 
E^xamltialioti  of  this  gentleman,  first  before  the 
IcHergyman,  at\crwarfis  bt^fore  two  justices  of 
the  peace,  hi^  examination  is  taken  and  reduced 
into  writing,  and  if  it  was  reduced  into  writing*", 
by  tlie  rule  of  law,  ufile?i8  yon  shew  you  are 
ditiabled  to  do  it  by  aouie  accident  or  other,  you 
iDU^t  produce  that  \t riling^. 

Mr.  Reeve.  I  am  very  much  surprised^  I  ap- 
^prebeiided  they  had  the  writing  ready  in  Court 
'to  produce.     My  lord,  Mr.  Elaynea  will  inform 
you. 

Mr  Hflj^tief  sworn, 

X.  C.  X  Mr,  HavEies,  we  have  been  in- 
brmed  by  that  geottemao  that  stands  before 

^  you,  the  [oifiister,  that  upon  hearing  of  this 
uuhuppy  accident,  you  and  one  of  your  bre- 
threu,  Mr.  Vernon,  came  there  in  order  to  en- 
quire itiio  the  matter,  and  lake  the  examiiiaiion 
of  the  prijiooera  ;  did  you  do  it  ? 

Ha\/nes.  My  lord,  on  the  17lh  of  October 
last,  the  pri»oner0  at  the  bar  were  brought  be- 
Ijie  me,  and  charged  with  the  murder  of  Mr. 
Lutterell ;  1  undenttood  Mr.  Luiterell  was  not 

'  actually  dead,  so  Mr.  Vernon,  another  justice 
of  the  peace,  went  with  me  to  Mr.  Lutterell '■ 
lodging,  and  there  we  found  him  in  a  WQiry 
weak  condition,  but  iiensibtc  ;  \^c  adminiitereil 
the  oath,  to  order  to  take  the  information  in 
form ;  Mr.  Vernon  and  the  mininter  were 
lb  ere  ;  my  bearing  not  h^nic  ^ood,  Mr.  Ver- 
•CD  exammeii  him  i  but  before  they  could  per- 
feet  bis  examination  in  lorm  be  fainted  away, 

Mffd  ctfold  not  g9  9u :  Ibeii  we  went  to  my 


hou^e,  where  the  prisoni^rs  were,  and  exa- 
mined them^  and  afterwards  committed  them. 
What  the  deceased  said  to  Mr,  Vernon  and  the 
trunistpr  1  did  uot  hear,  so  can  give  on 
count  of  it. 

]%tr.  lieete.  B%d  you  a  paper  taken  ? 

Httytirt.  There  was  a  paper  taken,  but  J 
was  iiupertect. 

Mr.  Keete.  And  1  think  that  is  not  in  ya 
custody,  had  you  the  paper  ? 

Htij/ttrs.  No,  I  httd  it  not, 

Mr.  Reevf.  Do  you  know  where  it  is  ? 

Jlui^nti.  No«  1  do  not. 

Peters,  I  jfQve  it  to  Mr.  Vernon,  and 
tainetl  it  of  him  to  shew  the  coroner,  and  1 
terward>i  1  |^ve  it  him  again  ;  1  took  acapy' 
of  it. 

L,  C,  /,  The  copy  you  took  is  from  ihm 
pajier  produced  to  the  coroner. 

Mr.  Hecre,  You  were  examined  before  th# 
coroner  ? 

Fcten.  I  brought  the  original  paper  to  the 
coroner. 

Mr.  Ki'rre.   Whether  that,  which  ia  me 
tioned  in  your  affiilavit  betore  the  coroner, ' 
a  copy  from  iheorig'inal  paperf-*Pc:<rrf. 

Mr*  Rerrc  And  did  you  examine  it  ? 

Pfietx.  Yes- 

X.  C.  J.  We  must  have  the  original. 

Mr.  Httngerford,  We  hope  we  may  Hal 
liberty  tu  read  the  deposition  taken  before  the 
coroner,  if  what  the  gentleman  says  be  so  ;  he 
saw  the  examination  taken  in  the  presence  ef 
the  justices  of  the  peace,  and  the  very  paper« 
the  ^\ord»  of  the  paper,  are  containei]  m  the 
deposition  taken  before  the  corouer. 

L.  C*  X  That  won*t  do,  you  have  not  tite 
examination  of  the  deceased.  This  is  ill  done 
of  Mr.  Vernon,  he  on};ht  to  have  taken  care^ 
and  attended  here,  and  had  the  examinatiOQ 
before  the  Court,  and  without  that  we  caniiot 
arrire  at  the  truth  of  this  case  ;  I  doabt  yen 
must  tav  aside  all  the  evidence  of  this  gen* 
tieman  tor  want  of  t}ie  original  examination. 

Mr.  R^eve.  We  must  stihmit  it  to  your  lord* 
shipf  as  to  the  oonfesaiou,  that  part  of  it  that 
is  not  contained  in  the  examination^  which  was 
not  proposed  to  him  at  the  time  of  liis  exami- 
nation, whether  that  is  not  evidence;  there  are 
two  or  three  things  he  gives  an  account  of,  that 
he  said  before  it  was  reduced  into  writing.  Bui 
suppose  we  cannot  have  the  beneBt  of  the  exa- 
mine] ti  on,  yet  the  discourse  that  was  had  with 
the  deceasied  at  another  time,  whether  we  may 
uot  be  admitted  to  give  that  in  evidence,  we 
must  Rubmit  it  to  your  hirdship.  But  suppose 
no  examination  hud  l^een  tuken,  we  humbly 
apprehend  what  he  said  wouhl  be  proper  to  lay 
betore  the  jury.  Therefore  when  he  gives  an 
account  of  what  be  suid  at  another  time  tbaia 
that  of  his  examiiintion,  though  we  cannol 
produce  what  he  suid  at  the  time  of  hia  exami- 
nation, yet  we  may  give  in  evidence  what  he 
said  at  other  times.  There  were  two  ftiher 
limes  which  be  gives  an  account  of,  Ihe  tirst 
was,  wheu  he  was  sent  tor  to  pray  by  bim, 
and  one  Church  ctme  in;  be  theu  declared  tm 


SS]  Jbr  the  'Murder  of  Edward  Luiierdlf  esq* 

dying  man,  he  was  barba- 


tke  vorda  of  a 
nuriy  murdere«!. 

L.  C.  J.  Vnu  IcDow  in  the  codrt  of  Chan- 
ecrr,  when  the  party  »  examined  on  his  oath, 
he  ei%C9>  id  a  first  answer  ;  anil  on  exceptions 
tikfD  tfi  it,  be  i^veM  in  a  scicond,  and  so  a  third ; 
ill  ibe<c  are  taken  but  as  one  answer  and  entire 
cni'eaHsioa  nl  the  party. 

Nr.  R/ere.  Here  is  not  an  examination  he- 
fon- 1  proper  officer. 

L  C-  J.  Y'cni  are  to  be  heard  no  more  to  it, 
hicv>«  %ou  ou|j;'ht  to  produce  it. 

St.  Rtcve.  1  am  sure  it  is  a  surprize  on  all 

Mr.  Hungerford.  As  to  us,  we  ha?e  the  very 
flKJ««»:tiu  in  our  brief,  and  I  believe,  if  we 
k*l  I  <vii<rht  it  cToiihi  not  have  been  produced, 
veihrt'iHl  n'lt  have  opened  it. 

L  C.  J.  And  there  is  to<»  an  examination  in 
fBi;  that  oiK^ht  not  to  be,  and  the  person 
lbi«/l  it  uij(*ht  to  be  censured  ;  are  juries  to 
hi  prfjnssie^isiiti  ;  here  is  a  priuted  pamphlet, 
vk^  the  title  is,  Mr.  LuttereH's  Cry  for 
JiMice. 

Mr.  Hunger firrd,  I  never  saw  it,  but  am 
liU  h  i*i  luu&c  in  favour  of  the  prisoners  at 
Skew. 

L  C.J.  If  the  examination  is  true,  it  ought 
li  ^  pTixluced,  and  the  prisoners  oui;ht  to 
CDnef^iriy  to  their  trial,  and,  if  guilly,  God 
fcriul  but  they  should  suffer,  but  not  by  pas - 
■■aie  insinuations  in  print ;  and  it  is  an  uu- 
IMerdeQitrd  thing,  and  if  it  comes  out  who  did 
^l«liaUtake  a  course  with  them:  it  is  a 
Hi  of  preveniini;  all  manner  ot  justice. 
ftr  Hatifierford.  No  doubt  it  is  a  very  nn- 
Ktbinj^,  aiiil  unuarrantahic,  no  more  to  be 
tlian  otlicers  are,  vilien,  under  the 
ar  of  J4jfttii*e,  iliey  shall  murder  a  gentle- 
I  at  his  own  IcMiginsif :  htit  as  to  the  case  in 
ery,  fiist,  scctMid,  hikI  lliinl  answers  are 
Ik  out*  answer.  I  »p(uk  it  with  all  deference, 
VfceUier  that  be  the  same  case,  I  he  uonis  that 
hsdid  ddi%er  at  oilier  times,  W\\v\\  the  jiislires 
Mc  not  present,  whoii  he  was  a  dying  person 
a  ihr  brink  of  eternity,  and  then  said  the 
■Be  words ;  and  now  this  paper  cannot  be 
pndocH,  whether  the  words  of  the  jiapcr  may 
Mlbeaihuitted  as  evidence,  we  huTubly  suhniit 
llli  your  lordship;  and  we  ht-lievc  the  wit- 
Wami  wiJI  give  vuii  an  account  of  what  he 
ttiiat«Mher  jierioils  of  lime,  when  there  was 
•i  Oauiinatioii  in  writing,  which  was  only 
^km  the  justicfss  attended. 

Im  C.  J.  Give  an  account  how  it  conies  to 
fn^  that  }ou  have  not  this  cxuininatiou  to 
,  that  was  in  ^iritinji^  ? 


Mr.  3/z7cAc// sworn. 

Mr.  Rerve.  Will  von  give  an  account  of  this 

C,aiid  wlieiher  there  hnii  heen  any  appli- 
made  to  get  it,  and  why  it  is  noi  here? 
'%cAfi/  1  calle<l  at  Mr.  V  rrnun's.  hut  they 
■t  be  was  ^one  into  the  country,  and  he 
M  ftjud  any  one  place,  which  he  iMit  du- 
hay  4td  noi  know  w  here  to  send  to  him. 
tSm  J,  Here  is  a  printed  narraiire  goes 
XVI. 


A.  D.  1722.  [34 

Do  you  know  who  was  tha 


about  the  town, 
author  of  that  ? 

Mitchell.  No,  my  lord,  we  have  been  en- 
quiring in  order  to  prosecute  the  person  ;  I 
have  asked  the  widow,  and  Mr.  Keat  her  ne- 
phew, and  they  say,  they  know  nothing  of  it. 

Mr.  Hun^erford.  It  sots  out  with  this  fact, 
that  the  deceased  struck  first ;  anil  if  so,  it  is 
very  reasonable  to  suppose,  that  this  paper  was 
done  rather  in  favour  ot  the  prisoners  at  the  bar, 
than  of  the  prosecutors. 

L.  C.  J.  The  justice  of  peace  that  had  not 
the  examination  doth  appear,  but  he  that  hath 
it  is  out  of  the  way.  Mr.  Peters,  how  many 
times  was  you  with  the  deceased  ? 

Peters.  Three  times;  at  12  o'clock,  about 
an  hour  afler,  and  about  an  hour  after  that,  the 
third  time. 

L.  C.  J.  When  was  it  you  retluced  what 
he  said  into  writing? 

Peters.  The  second  time ;  the  third  time  I 
administered  the  sacrament. 

L.  C.  J.  And  when  you  examined  him  the 
first  time,  and  afterwards  a  second  and  third 
time,  the  design  of  that  was  to  perfect  the  exa- 
mination which  you  took  the  lirst  time,  and 
then  it  is  all  of  a  piece. 

Mr.  Hungerford,  My  lord,  the  third  exami- 
nation was  atler  tli^  taking  any  thing  in  writ- 
ing ;  when  he  took  the  sacrament  on  the  so- 
lemn occasion,  he  declared,  &c. 

Just.  Powis.  The  last  examination,  there- 
fore, was  an  advice  to  a  forgiving  temper. 

Just.  Elf  re.  Mr.  Peters  should  declare  what 
he  said  the  first  and  third  time. 

Peters.  I  pressed  him  to  consider  and  recol- 
lect whether  what  he  had  said  was  true ;  he 
said  it  was. 

Just.  Ej/rc.  What  did  he  say  the  first  time  ? 

Pe/ers.  The  first  time  he  told  me,  **  he  was 
barbarously  murdered :"  As  I  told  you  before, 
there  came  in  one  Church  a  bailiff,  and  then  T 
put  him  to  conhider,  whether  he  was  not  ac- 
cessary to  his  own  mislorlune  ;  to  \a  !iich  he  rc- 
turneclthe  same  answer,  "  Thai  he  was  harhar- 
oiiiily  murdered,  that  he  did  not  draw  his  sword, 
nor  fii-e  his  pistol." 

L.  C.  J.  Did  you  ask  him  about  any  blow, 
or  provocation  ufivtn  ? 

Pctcjs.  I  a-ki»d  him,  to  which  he  said,  "  lie 
did  not  design  to  touch  a  hair  of  thefr  heads." 

J-..  C.  J.  I  must  coi.fcs*;,  for  my  prirl,  1  am 
not  cntirt'iy  snlisficd:  Mr.  IVlns  at  his  first 
coming  exainin's  him,  ainlaf'i^r  ili^t  ho  ('(^urs 
to  liini  a  second  time,  ami  then  h-  U  »xnn!ined 
in  the  presence  of  two  ju-?tices  of  the  peace, 
and  hy  their  aulliority  ;  and  he  sovstiu'  inlunt 
of  that  was  to  perftct  the  first  txr»!nin?.!inn  ; 
and  beintj  socxannned  a  si.Tond  liuio,  his  r\a- 
mination  is  takon  in  wilting;  wlu'lljor  rr  no 
the  first  and  second  do  not  make  an  entire  exa- 
mination,  and  so  that  ym  cannot  pn»d»u'f  the 
fnvst  without  tho  seroi'.d  ;  1  ujake  no  dfMibt 
it  nii;;ht  he  prodncrd,  if  tlierc  Ind  not  lieen  u 
second;  hut  hi'  that  t  xaniinrs  liini  fir-.t,  exa- 
mines him  afterwards  a  second  iImv,  in  (»«ler 
to  j)erfect  that  examinution  yuud  when  he  doth 

D 


8  GEORGE  I.       Trktt  of  Hugh  Reason  and  Robert  Tranter,       [S8 

mioation.  Now,  really,  when  all  this  is  done^ 
the  examination  of  him  before  the  justice,  tdcen 
in  writing  by  the  san)e  person  that  enquired 
of  him  before,  and  all  this  done  in  order  to  per- 
fect and  consummate  the  examination,  whether 
jrou  will  not  take  them  both  together  as  one  en*- 
tire  account  gi?en  by  the  dec^sed  ?  He  gives 
the  account,  he  gives  it  as  true  in  the  presence 
of  the  justice  ;  they  were  not  present  the  first 
time,  but  the  same  person  that  asked  him  the 
first  time,  iie  asks  him  when  the  justices  wera 
there,  if  what  he  said  before  was  true,  and  on 
that  an  account  is  taken  in  wnting :  now  apon 
this,  wiienthereisan  examination  in  writing  in- 
the  presence  of  the  same  person,  and  «  hen  they 
give  you  no  reasonable  excuse  why  they  Jo 
not  produce  it,  there  ought  to  be  the  less  cre- 
dit given  to  them. 

Just.  £yrf.  1  think  there  is  the  less  credit 
given,  because  the  examination  is  not  pnMlucedg 
however  it  is  evidence. 

Just.  PowU.  If  they  were  both  of  equal  vali- 
dity  you  say  something,  but  it  is  confessed  on 
all  hands,  that  the  second  examination  wm 
more  solemn  and  valid,  because  two  justices  of 
the  fieace  were  prevent,  and  there  was  the  awe 
of  magistracy  over  the  person ;  and  the  second 
examiuation  relates  to  the  first. 

Just  Fortcsctie.   It  is  a  hard  case  on  the 

Erisoners  at  the  bar ;  it  is  the  confession  of  Hr« 
iUtterell,  and  if  they  had  that  in  evidence, 
they  might  be  compared  togetlier;  but  they 
not  having  that,  I  own,  as  to  point  of  law,  they 
cannot  give  it  in  evidence :  it  b  a  great  hard- 
ship, but  where  it  lies  1  cannot  tell ;  I  think  it 
ought  to  be  censured  in  a  proper  time.  The 
most  material  of  what  is  said  by  word  of  month 
is  detained  from  us,  and  not  produced  ;  but  I 
think  we  should  allow  what  was  said  at  other 
times  to  be  given  in  evidence,  because  the  first 
is  no  examination,  because  no  justice  of  peace 
then  present ;  so  that  the  examination  standf 
distinctly  by  itself,  and  that  evidence  is  to  be 
laid  aside  and  not  produced  ;  but  shall  we  not 
allow  that  to  be  evidence  which  he  said  at  other 
times,  because  he  had  an  examination  taken  in 
writing  ?  Therefore  we  shall  hear  no  other 
evidence,  thef  first  was  no  examination,  only 
what  Mr.  Peters  will  take  upon  him  to  say 
passed  between  them. 

X.  C.  J.  Go  on  with  your  evidence, 
llr.  Uungerjord,  There  can  be  no  doubt  of 
the  third  declaration ;  mv  lord,  the  third  exa- 
mination was  certainly  the  most  honest  exa« 
mination ;  as  to  the  second  examination,  it  had 
the  solemnity  of  two  justices  of  the  peace,  one 
happens  to  oe  deaf,  the  other  to  be  absent ; 
whether  what  a  man  says  just  an  he  is  going  to 
die,  and  on  his  receiving  the  holy  sacramenti 
is  not  to  be  regarded  ? 

Just  Ej/re,  He  should  distinguish  between 
what  passed  in  the  first  discourse,  without  any 
rtprh  to  what  is  contained  in  the  second  exa^ 


S3] 

it,  it  IS  reduced  into  writing:  to  me  it  seems  a 
matter  of  great  consequence,  if  the  first  is  al- 
lowed without  producing  the  second. 

Ju^t.  Ejfre,  It  cannot  properly  be  called  an 
examination. 

Mr.  Hungerford.  The  first  time  he  exa- 
mined him  as  a  christian,  as  a  minister ;  as  to 
Ihe  second  examination,  Mr.  Peters  had  no 
more  to  do  in  it  than  a  justice's  clerk. 

£.  C.  J.  The  examiuation  uken  before  the 
justice,  was  to  confirm  the  former  examination, 
and  upon  that  examination  all  was  reduced  into 
writing. 

Just.  Eyre,  That  which  is  set  down  in  writ- 
ing if  it  be  an  examination  taken  in  writing,  of  a 
pnsoner  before  ajustice  of  the  fieace,  you  cannot 
give  evidence  of  that  examination  viva  voce, 
unless  the  examination  be  lost;  but  what  de- 
claration or  coni'ession  was  made  at  any  other 
time,  may  be  given  in  evidence ;  the  particu- 
lar exaiuinatiou  of  what  he  said  before  the  jus- 
tices, and  was  reduced  into  writing,  cannot  be 
proved  but  by  that  writing ;  but  as  to  what  he 
said  at  any  other  time,  the  first  and  third  time, 
and  not  l)efore  the  magistrates,  that  may  be 
given  in  evidence. 

Just.  PowU.  The  great  matter  I  observe  is, 
that  Mr.  Peters  did  say,  he  did  look  upon  the 
second  examination  to  perfect  the  first,  the  first 
was  not  so  perfect,  and  then  it  was  to  be  ascer- 
tained by  a  second,  and  which  they  not  caring 
to  trust  to  their  memory  put  into  writing  ;  that 
writing  indeed  the  justice  of  peace  hatn ;  it  is 
not  produced,  but  if  it  be  agreed  that  it  was  put 
into  writing,  and  after  it  was  reduced  into  writ- 
ing, it  seemed  to  be  all  of  a  piece,  so  as  plainly 
to  relate  to  what  was  done  the  time  before,  how 
will  they  ascertain  the  whole,  but  by  producing 
the  writing  ?  Then  this  writing  caunot  be  seen, 
tliejustice  of  peace  hath  it,  and  doth  not  come 
here  to  produce  it. 

Just  El/re,  I  do  not  know  how  to  call  this 
perfecting  the  former  examination,  Tou  cannot 
call  the  discourse  between  him  and  Mr.  Peters, 
an  examination,  when  there  was  no  justice  of 
peace  present ;  it  is  not  an  examination  what 
passed  between  Mr.  Peters  and  this  gentleman. 
It  is  always  taken  so  at  die  Old  HaiTey,  where 
evidence  is  allowed  to  be  given  viva  voce^  of 
what  was  said  by  people  at  other  times  besides 
the  time  of  examination. 

Just  Powii.  What  doth  Mr.  Petenmean  by 
peHectiug  the  examination  ? 
Peters.    I  beg  your  pardon,  it  was  not  my 


'  L.C.J.  Not  to  differ  about  words,  whether 
this  is  an  examination  before  the  minister,  when 
the  justices  of  peace  was  not  there ;  it  is  very 
likely  this  minister  came  to  enquire  of  this  gen- 
deman  alwut  the  circumstances  of  his  death  : 
after  that,  the  same  gentleman  is  present  when 
the  justices  of  peace  come ;  thereupon  the  jus- 
tices of  peace  desire  him  to  take  it  in  writing ; 
be  asks  the  same  ouesfions  as  be  did  before, 
and  they  are  taken  m  writing ;  be  lakaa  it,  de< 
iigning  to  make  the  firrt  en  ' 
tlMtttie  to  cbarije  Ibe  penen 


Mr.  Regte,  Hr.  Peters,  yon  hear  the  opi*' 
BkM  of  the  Court,  that  what  paMK*d  at  the  wrfl^ 
byef  lUe  payer  yov  vanst  not  lake  any  aotioe' 


fir  iAe  Murder  of  Edward  LuUtreU^  esq.  A.  D,  1722L 


iC  ^  i^re  an  aocoant  of  wbat  passed  at  any 

'      ' '  '     '  'ip  before,  I  was 

:  time,  ^lieti  I 
•  Mtier  I  hrt<J  ittlked 
im  in  mind  ofifeaih, 
'"  '  ■"  tar  Ue  lia'J  been 
iry  to  bring^  tliis 
.,.:  .anl,  **  As  lie  was 
'I  to  be  jtuJtjf'l  at  tlu^ 
Ijim  barbarous*!),"*     I 
o^Hiii  at  tbo  rccjiiest  ofMr, 
nrul  tbe  taM  lime  I  came  to 
il  ibc  «iacramcnL 
'  rs,   I  dpfsire  you  to  consi- 
^sk  him  \vbether 

i^r 


ttilc  him  if  be  had  g'iven 

^  I  K  li  be  answered,  **  Oe 
ration, 

i    ubo  giiTe  the  6r8t 
^^,  i  ij,A  not* 
Yo^u  see  the  wound ;  did  be 

u),  it  appears  one  of  the 

u  the  hoiid,  aud  it  is  pro< 

rsoQ  ill  at  diicharged  that 

li«  avsured  me»  *'  lie  fired 

1  "4 ;    he  tieilber  drew  bis 

jtfof  tbepistob.^* 

tu  3 on  bod  this  discourse  with 

luce  itiulo  writings? 

i.    ^>  bill  1  reduced  into  wriiingf,  waa 

\y  dr|90i»itii)fi,  wbicb   I   writ  wtili  my 

vi  which    Mr,  Jiislice   Hwrper 

um  to,  and  1  Ijeliefe  he  hath  it  iu  his 

L,C.J.  Here  i\m  gentteman  b  allowed  to 
^f  an  aoccniut  of  what  discourse  passed  be* 
^fmm  biia  and  Mr*  Luttefeli  tite  first  time ;  the 
^Aet  of  pc«i3e  caonot  be  allowed  Co  give  an 
•aaova  ■(  what  it  itaid  at  \m  other  examtna- 
ia^  W-*^rja^  Tl  waa  reduced  into  writing,  aad 
ttsi  '  1  not  be  produced. 

%'  i  begyou  would  (jirean  account 

vW*i  i^c  ciatd  alany  oUiertime,  when  this  paper 
» ooc  wriiltfD ?   wh#-n  you  talked  wirli  him 
V  ho  said,  "  Ttie  bai* 
CM'  ipr  him  without  any 

ihiii  fit  Kill),  <'  Uf  fj^\  e  them  no 
j"  mad  whojj  \ou  aski  t|  him  about 
iWaMi  tKat  ooc  of  Uie'  bmliHs  bad,  he  said, 
"^b  fiiTil  oeilber  of  Ihu  pUtolii,  nor  drew  tirs 
•■tl;*^  I  4iiire  to  isnow  at  any  other  tin^e, 
i^i^cr  llMflr  waa  any  itnuLr  muteri;}!  pas!ii?d 
ia»tM  jtiq  St  any  other  time  ihuti  at  that 
^a^boa  tlie  |iaii«'  was  wrote;  Cao  you  re- 

LiXJ,  Yo^  tTiaeounied  him  three  limes, 
Ai  %ai  fou  Jiare  tpvcti  ^  iccoutit  of«  the  se- 
iH4  tin«  tt  waa  reduced  into  wlttlrl^^  thnt 
I  Vi^^i  do<h  nnrt  appear  ;  what  passed  the  tlitrd 


mill  again f 


Iptii^  to  r6eeif a  the  holj 
1  iP^HE^  of  ium  to  coQiidior  wbe* 


ther  what  he  had  said  was  true:  be  aaid 
**  Every  article  he  had  said,  as  he  was  a  tlyiu^ 
man,  and  as  he  hoped  to  receive  btneiit  by  the 
sacrameol,  every  thing  lie  liad  said,  was  »lrictly 
true/' 

Mr*  Ueeve,  We  shall  trotihle  your  lordship 
with  one  evidence  more,  tliat  19  the  fiurireoti, 
who  will  give  you  ao  account  of  his  wounds. 

Mr.  Spar  ham  sworn. 

Mr.  Hecve.  I  think  you  was  sent  for  as  a 
surgeon ;  gire  an  account  in  what  condition 
you  found  the  deceased,  how  many  wounds, 
and  of  what  nature  ? 

Sparham,  1  found  hitn  lahounucf  with  a 
wound  under  the  rig^ht  psip  with  a  shot ;  upoa 
this  1  examined  him,  and  pu(lioi(  him  into  a 
proper  poslui-e,  found  several  other  wounds  : 
one  near  the  hver,  the  lower  part  of  the  eighth 
rib,  near  the  Imck-bone  ;  several  <»ther  wounds 
with  a  aword^  three  or  four  on  his  bttly^  Upon 
opening  of  his  body  I  found  that  the  wound 
with  the  bullet  bad  penetrated  about  nioeihchea 
towards  the  back,  wliich  wound  was  mortal, 
the  6rst  to  be  of  the  lun«ri^  having  a  hole 
through,  and  the  second  to  be  torn,  and  the 
diapbrag^ma  wounded :  J  found  one  other 
wound  with  a  sword  near  the  i^ighlb  hb^  threa 
inchesandahalfbroad,  penetrating  the  thoraX, 
and  wounding  the  diaphra^mn,  which  wai 
also  mortal :  I  found  eight  other  wounds  with 
a  sword  about  a  quarter  M^  an  inch  wiile  each, 
and  a  quarter  of  an  inch  deep,  one  near  tha 
left  pap,  four  others  on  the  rii,'ht  siile  of  tha 
belly,  two  more  on  each  side  the  Uack  bone. 

Mr.  Heeve,  So  you  lofiked  upon  two  of  tha 
wounds  to  be  mortj,  one  whereof  was  with  tha 
pi  &  to  I -shot. 

Sparham.  Yes;  f  saw  two  leaden  piecea 
taken  out  of  his  bod  y. 

Mr.  Slrtiuge,  Vtho  attended  at  the  sama 
timef — Sparhtim.  Mr.  Giffonl. 

Mr.  Strange,  Did  he  or  you  take  out  tht^ia 
bullets? 

Spnrham.  We  both  took  them  out,  I  think. 

Mr.  Heevt,  My  lord,  we  have  done. 

L,C,J.  Wh.it  say  Uie  prisoners?  Tht 
counsel  for  the  king  have  called  w  hat  witnesses 
I  hey  thiuk  proper,  it  is  now  your  time  toan^ 
awer  for  yourselve*. 

Reagan.  If  your  lordship  please,  we  ar* 
rested  the  ifentleman  in  Surry  *atrtct,  and  ha 
desired  me  to  ^o  to  his  lodging;  when  wa 
came  there,  h«  said  he  woidd  pay  the  monev  ; 
Bays  he,  **  Go  and  aee  for  tlie  attorney,  and  I 
will  pay  tlie  money  ;**  ujwn  that  Tranter  w  enl 
to  the  iitloroey  for  his  bill ;  I  went  up  stairs 
with  the  gentleman  into  the  diuingroom; 
when  became  up,  savs  he,  **  My  dear,  I  am 
arresteil,  it  is  tor  Mr.  ^os's  bill.*"  He  began 
to  look  a  little  angry  :  with  that  he  went  to  hia 
scrulore  aud  took  ^methinf^  out  of  it,  a  kev^ 
and  he  went  up  status  and  fetched  his  ptatoui| 
aud  when  he  came  dowit  again,  lie  clapj^  una 
to  inv  breast,  and  ihrcateneil  to  shoot  me  ;    J 

room: 


4 


uqirtaed 


\  lady 


witb  liiai  1  gtft  bioi  good  words  &  says  h«i 


39] 


8  GEORGE  I.       Trial  of  Hugh  Reason  and  Robert  Tranter^       [40 


<t  Sirrah,  f  will  let  you  life  a  little  till  your 
partner  comes  back,  and  then  I  will  send  all 
3'our  souls  to  hcU  tuf^etlier :"  then  the  foot- boy 
came  back  and  said,  the  gentleman  was  com- 
ing ;  be  ordered  the  boy  out  of  the  ro«m,  and 


Lucas.  I  was  opposite  to  the  captain's  lodg- 
ing in  Surrey -street,  in  a  room  up  two  pair  of 
stairs ,  and  1  lieard  a  pistol  go  off,  upon  that  1 
went  to  the  window,  and  I  saw  a  lusty  fat  man 
take  a  pistol  out  of  the  window  in  the  captain's 


one  knocked  at  the  dimr ;   when  the  boy  was  I  lodging  up  one  pair  of  stairs,  and  let  ii  off  to< 


cone,  he  clappctl  his  pistols,  one  on  one  side  of 
Lis  bosom,  and  the  other  on  the  other,  and  my 

Eartiier  came,  and  when  he  came  into  the  room 
e  gave  him  a  blow  over  the  head  ;    with  that 
he  I'losfil  in  with  him,  and  then  one  of  the 

Sistols  went  oft*  and  wounded  him ;  then  he 
rew  his  swonl,  and  I  drew  mine,  and  then  the 
other  pistol  went  off,  which  was  the  oocasion 
of  his  death. 

L.  C.  J.  Have  you  any  witnesses  f 

Mr.  Tloine  sworn. 

Th;in€,  My  lord,  I  was  employed  by  the 
plaintiff,  Mr.  Carr,  to  take  out  a  writ  aurainst 
Mr.  Lutterell,  on  an  indorseil  note  ;  I  did  take 
out  a  writ  and  gave  it  to  Mr.  Reason,  and  he 
got  the  warrant  upon  it,  and  allerwards  came 
to  me,  and  desired  to  know  \%\\vre  Mr.  Lutte- 
rell was  to  bo  found,  and  that  1  would  describe 
him  to  him,  whether  younir  or  old,  &c.  ?  I  told 
luin  where  to  go,  and  descrilknl  him  to  them  ; 
then  they  wi^nt  and  arrested  him,  and  after  he 
was  arr«»led  Tranter  came  to  me,  and  told  me 
the  next  morning,  they  had  taken  the  captain  : 
they  said  they  took  huu  at  the  lower  end  of 
Surrey  street,  and  that  he  was  very  angry,  and 
said  they  had  not  used  him  civilly. 

L.  C*J.  What  Tranter  said,  is  not  eri<lence. 

Tuitie.  I  know  no  more,  my  lurtl ;  Tranter 
came  to  mo  for  the  bill,  and  I  gave  him  a  bill 
of  the  (Ubt  and  charges. 

JL.  C.  J.  Did  you  ^ivc  the  bill  of  the  debt 
and  cliarjjes  to  'IVanter  f 

Tu  iue.  1  did  ;  ho  told  me  thev  had  just  taken 
the  iMptain,  and  then  I  gave  itliim  ;  the  bill  of 
clmn:es  was  1/.  135. 

BIr.  n.iif  sworn.     The  warrant  shewn  to  him. 

Tiirs.  This  is  the  warrant  made  out  upon 
the  bill  of  IMi.I.lJost^x,  at  the  bui!  of  Mr.  Carr, 
to  arrest  the  d«rcask'd.  [The  warrant  read, 
and  aI>o  the  bill  of  Middlesex  produced  and 
read.] 

Nr.  llu-kman  sworn,  and  the  warrant  shewn  to 
him. 

IIick*nan.  Tliis  I  know  to  be  my  hand,  I 
made  oui  this  warrant  all  of  it. 

]Mr.  Hutii:trfWJ.  1  would  hunibly  ofiVr  it  to 
vour  lordsliib's  observu lion,  hero  is' a  fact  we 

have  omitted  to  pn>ve;    hvre  is  a  witness  in    .- 

court,  one  Lucas,  can  prove  that  Reason  shot  1  c«l.''     (  was  there  airain,  when  Jlr.  Peten 
off  the  pistol.  j  iri^xc  him  the  saorament.  when  he  wuk  ask«d 

X.  r.  J.     It  is  irresrulnr  ;  hut  aUlioucrh  you  i  ihr  same  quiH^iion  ;   he  then  answetvd,  '*  Hm 
have  otiiiitetl  it.  and  come  oni  of  time.  I  would  '  nciiher  did  the  one  or  the  oihi  r.*'     In  the  afto^ 
have  the  w  hole  fact,  and  if  my  brothers  please;  ni««tn  .Mr.  Kvat  and  1  went  togtrther.  be  was 
:•!  1  ^j^^^^  .^  ^  ^1^^  state.  serme«l  rra»onabIe,  and  wm 

a^ked  him,  "  i^r,  \ou  can  give  some  acroqat 
of  this  matter,  vouriwon  and  judgmenii 


wards  the  (ire- side. 

Mr.  Strange,    Do  3'ou  know  Mr.  Lutterell  f 

Lucas.  Yes. 

Mr.  Strange.  Can  you  take  upon  you  to  say 
it  was  not  Mr.  Lutterell  ? 

Lucas.  Yes,  I  am  sure  it  was  not  he. 

L.  C.  J.  When  you  saw  a  lusty  fat  man  take 
a  pistol  off  from  the  window,  and  discharge  it, 
was  any  body  by  him  at  that  time  ? 

Lucas.  Nobody  that  I  saw. 

L.  C.  J.  What  sort  of  man  was  Mr.  Lutterdlf 

Lucas.  He  was  a  little  roan. 

One  of  the  Jury.  Was  tliere  any  light  in 
that  room  to  distinguish  one  man  from  ano« 
ther? 

L.  C.  J.  What  she  said  was,  she  saw  a  luity 
fat  man  come  to  the  window,  and  take  up  a 
iiistol,  and  dischai^  it,  and  that  she  saw  no- 
body else  at  the  w  indow. 

Mr.  Hungerford.  The  coroner's  inquest 
came  into  this  room,  and  was  satisfied,  that 
from  thence  she  might  see  into  this  window. 

Mr.  afford  the  surgeon  sworn. 

afford.  On  Tuesday  the  17th  of  October 
last,  about  ten  or  eleven  o'clock,  1  was  sent  for 
to  a  ircntleman,  Mr.  Lutterell :  when  I  came 
to  him,  I  found  him  sitting  on  a  chair,  and  he 
leaned  back  with  his  shirt  and  clothes  rery 
bloody  ;  Mr.  Sparham  was  with  him,  in  ordor 
tu  look  to  his  wound  ;  we  put  him  to  bed,  we 
found  a  wound  about  an  inch  below  the  right 
pap,  by  gun  or  pistol  iihot,  and  we  dreasee  it, 
iind  all  the  other  wounds  we  could  find ;  I  went 
into  the  parlour,  and  there  were  the  two  priso« 
ners  at  tiie  bar ;  1  was  told  one  of  them  wai 
wounded  ;  u|Hin  that  I  went  to  examine  into  it : 
upon  cominir  into  the  |tarlour  1  examined  Tran- 
ter, and  then'  1  found  t%vn  pieces  of  balls  which 
were  Iodised  in  his  hand ;  we  extracted  the 
bulls ;  I  found  a  small  w  nund  in  bis  wrist,  and 
a  razure  on  his  head ;  that  was  a  small  woand 
w hirh  was  on  the  wrist ;  it  seemed  to  be  from 
a  prick,  something  that  had  entered  the  akin. 
Then  I  went  to  .Mr  Lutiertll  again,  as  he  was 
in  a  !;t)od  state  of  sense :  I  asked  >lr.  Lutterell, 
"  W  hetlitr  he  had  tire«l  a  pistol  ?'*  I  asked  him 
several  times  ;  he  dt- nieil  it  a  tins,  second  and 
thinl  time,  and  he  used  this  expression,  "  I  caQ 
God  to  witness,  i  neither  fired  a  pistol,  nor 
drew  mv  sword,  but  was  barbarouslf  murder- 


we  will  hear  it. 

Constance  Lucas  swore. 

Mrs.^  LiMM^  what  do  yea 


BIr.  HuRgerfard. 
kwwrof^-  -' -  ^ 


atraog;    1 
ikei&toh 


I  have  heard  thai  yoa  fetched  dowa 


hetoUve,«*Uehad.biit 


A.  D*  1725. 


he  would  not  be 
toif^iog*/'     1  iiskeil  biro,  **  If 
u>  i%eo:"   be  8n|d,  "Thej? 

Ill  le  lnntftm«fc,  flitch  in- 

U»  jtfiikr  iiue  or  iheni  ;  upon  that 
Art  wifiliif^lr  Bcixcii  htm,  the  luiit y  uiun 
M*»t  lifii  vitl  drcff  his  sword  i  he  tumbled 
4iP«,  tBii  hm  •U^ibcd  bitn  ;  he  often  ^nej^i^ed 
Iktm  In  i|«rc  him  lite  ;  the  other  said,  Dtimo 
litt%4i^  ya  own  Bword  ond  «tab  him.'*  nir. 
LiHttAiiiger  aoJ  thumb  were  cut^  as  if  it 
^mwdk^^wmpkxi^  of  a  Kwoni.  Tben  be  iiaiil, 
**1W  Mrr  niAfi  look  a  (li&tid  aod  clappi^d  it 
dbrlihift  fanaist^  sind  shot  him  in  tht^  Ijody, 
lovty  axon  h«!d  the  other  pistol  to  his 
"  *  H  off;**  v^hicb  I  the  ruber  be- 
[hiumi  be  lud  some  ^lowder  spots  or 
t  m  liM  f»ce. 

lie  owned  to  you  th&t  he  struck  one 

Ye*  ;  bat  tl  was  apoo  your  giving 

Wiieo  yoa  ftskcil  him  ibont  brrng'- 
I  tiie  piston,  and  ttpoii  wh&t  accouotf 
be? 

019  ar!  I       T   V^ed  he  brooffht  dowu 
Imk  ^^  litnteDt;    but  as  he 

to  p^j  "i=  .i^L4S,  be  was  not  wil- 
*  oat  of  his  lodjjuig,  and  be  ex- 
Mr,  B&nner  twm-n. 

My  lord,  jo«it  115  Mr.  Lutterell  was 

'  Oittie  up  HtAtrN,  ftod  linked  hiiUf  if 

■IIm  p*t«tol ;    he  disowned  it,  aiid 

l»o  design  to  dutbem  any  barm^ 

*mn^  u  e^  but,'*  BHid  he,  "llu'y 

:id  cruelly." 

&wp«,     Afier  tUiit  he  hod  declared  to  you 

hn  km  ba4  no  design  to  make  any  resijtiiuce, 

*mi  lio'iiDwrd  f 

^^atr,  Uhea  I  cameotitof  the  room f  says 

.Giibrd  l«  loe,  *'  Mr.  Bonner,  Mr,  Tranler 

\  \m  tb#  bJind  ;    it  is  cerifiin  Mr,  Lutterel) 

t  hmm  in  thr  band  ;  therdore  lt?t  nt  ^rn  buck 

l«ak  him;'*    we  weot  and  a^kt-d  biui  both 

€m>^m4  h*  •^if.  **  Nm.  ah  ImhI  slcnild  judjtre 

,bf4i!  tl  of  doing 

B  Oil   L  I  tbem  aie- 

.'-      Hi:  «poke  luwiiidly  nnd  ni^cfmed 

ami  •frstntt  ivp  wuutd  leare  hifiK 

I*lr«  notice  that  my  nart* 

\m  ih,  ul. 

,  lijr  lord,  1  Uiivt  lott  the  uteof  my 

^'Uke  the  aurgeoo  bwoto. 

Alj  lonl,  M-    r *rr  waa  wounded 

'    of  ibe  ».  nod  in  his  UiX 

-*»  ^'"  '    ^  !iil  uottdce 

his  head  T 

I  cane. 
ii  or  a  iiruiHe  ? 
kt0  WA«  broke.    Mr. 
i  ktd  m  &ii4li>  wiioiid  ill  ona  of  hia  ^igera^ 


[it 

whicb  seemed  to  ht  done  with  the  point  of  a 
sword. 

Thom<is  Hargrove  called  again* 

L.  C.  J,  Hark  you,  young  mao,  hear  the 
qaeslioOf  and  coDstder  well ;  iipcm  your  former 
examination  you  K!iy»  wheu  Trunter  knocked 
nt  the  door,  you  went  down  to  let  him  iu  ;  that 
Tranter  made  up  to  the  dining-room,  and  you 
followed  bim  ;  you  heard  a  Uttle  buKtIe  befonc 
yim  came  in ;  but  the  first  thing  you  saw, 
when  you  came,  was  Tranter  runnmg  your 
m:i^ter  agiiinst  the  cloiiet  door^  and  Reasioa 
pricking  him  wilh  a  sword:  I  ask  you  thi* 
rjue^itiou,  wlietbi-r  or  no,  when  you  was  going 
u|)  stairs  after  Tranter,  before  you  entered  the 
room,  you  did  niit  hear  a  blow  r 

Hargrtive,  1  beard  a  blow,  but  did  not  know 
who  struck  it. 

Just.  Etfre.  Did  you  see  to  whom  the  blow 
was  given  ? 

Harerave,    No,  J  saw  nothing  at  all  of  it. 

L,  C.  J:  The  reason  of  my  calling  bira  again, 
was  to  be  ^^atisified  as  to  this  particular  j  lor  the 
coroner  inrorms  me,  that  betore  him,  he  bad 
stTore  to  the  ^ame  effect ;  be  answered  hastily 
before,  but  1  bcliefe  not  with  any  design ;  he 
said  hf  did  nut  ht^ar  any  blow,  his  nieaniog 
then  might  be,  though  he  did  hear  a  blow,  yet 
not  seeing  who  t;ave  it,  tlierefore  he  thought  it 
not  material ;  f  did  not  heUe? e  he  did  it  with 
any  dt^sign. 

L  C.  X  Have  you  any  other  witnesses? 

Rtaton.  My  lord,  we  had  none  hut  ourselreSp 
we  are  officers  of  the  Court  -,  lie  assaulted  us, 
and  hnjught  down  his  pistols  and  slock  theQUO 
his  bosom. 

L  C.  X  Did  he  not  afler wards  take  them 
out  and  lay  them  on  the  table  ? 

ReaiOH,    No,  my  lord. 

Tranter,  While  J  was  gone,  I  did  not  kno%r 
whfit  bapi^ened,  hiit  vthen  I  came  back,  the  mi- 
nute I  entered  the  room  be  struck  me  over  the 
head  with  his  cane,  and  the  pistol  weatoff",  and 
shot  me  in  the  haud« 

The  clothes  were  protluced,  and  by  the  hole 

in  the  waistcoat  it  appeared ^  that  the  wound 
{fiven  by  the  pifitol  uuder  the  right  pap  could 
oo  way  happen  by  any  position  of  the  pi>»tots  in 
thel>u4iomof  the  deceased,  by  the  pistol  going 
off  of  itself. 

Reason,  My  lord,  we  are  officers  of  the 
Court,  and  what  we  did  was  for  our  own  ae* 
curity. 

L,  C\  X  What  says  Tranter  P 

2\an(€r,  My  lord,  we  have  no  more  to  lay* 

Mr.  Reeve.  My  lord,  I  beg  leate  to  observe 
a  few  thitigg  by  w;«y  of  reply.  They  have  en- 
dtriif oured  to  differ  the  case  with  respect  to 
three  (»articulars ;  the  first  jwrtii-ular  is  with 
relation  to  the  blow  girt* n  by  Mr.  Lutterelt  i 
they  siy  Mr.  Lulterell  himscif  being  pressed 
f€ry  much^  did  own  that  he  had  gikcn  owe  of 
the  badilTs  a  blow  on  the  head  ;  there  appeara 
Ueaion  Iu  think  that  to  bo  true,  because  the 
surgeon  says  be  dreaaed  him  of  a  wotiad  re* 


I 


A3]  S  GEORGE  I.       Trial  of  Hugh  Reason  and  Robert  Tranter,       [44 

X.  C.  /.  Is  ill  languafj^e  a  justification  for 
Mows?  Besides  vou  will  riiusifler,  whether 
there  was  not  ill  ianf^iiage  on  the  other  siJe. 

Mr.  Hungetford.  Mv  lord,  I  will  not  take  up 
much  of  your  lordshipVs  time,  if  your  lordship 
will  spare  nne  a  word  or  two.  Here  is  a  man'f 
life  taken  away  by  two  persons,  that  bad  a 
precept  from  a  court  of  justice  to  arrest,  the 
only  ihiug  thev  bad  to  do,  was  to  secure  tha 
person,  to  make  him  answerable  to  jastioe. 
whether  that  could  not  be  done  without  this 
outrage  ?  Whether  officers  of  justice  may  exe- 
cute their  process  with  so  much  cruelty  P  It 
amounts  to  as  great  premeditated  malice  as  cao 
be  conceived.  There  is  a  malice  contained  in 
cruelty;  I  need  not  mention  the  matter;  k 
hath  Deen  fully  laid  before  you ;  I  shall  only 
mention  a  precedent  or  two ;  one  is  that  of 
Holloway's  case:*  There  was  something  of  a 
provocation ;  but  the  judge  there  in  that  caei 
did  enter  into  the  fact,  whether  the  provecatioo 
was  sufficient  to  justify  the  killing  of  the  bojr. 
The  boy  was  stealing  wood  in  his  park,  and  bad 
a  rope  about  his  middle,  and  as  he  was  up  in  a 
tree,  he  bid  him  come  down  out  of  the  tree,  and 
he  took  hold  of  the  rope  and  dragged  him  so, 
that  he  was  killed ;  and  this  was  not  a  fufll- 
cient   provocation.    Another  case  is  that  of 


eeived  by  a  Mow  with  a  cane ;  we  submit  it, 
whether  that  is  a  sufficient  justification  of  the 
officers  for  what  followed,  to  kill  Mr.  Liitterell 
in  this  manner,  supposiiig  it  to  be  true.  What 
the  boy  says,  he  saw  a&rwards,  immediately 
upon  his  coming  into  the  room,  in  an  instant, 
as  soon  as  he  heard  the  blow,  he  found  Mr. 
Tranter  running  him  up  against  the  wainscot, 
and  th'e  other  bailiff  stabbing  him ;  he  swears 
Mr.  Luttercll  had  then  no  sword  or  stick  in  his 
hand,  so  that  whether  or  no,  after  the  bailiffhad 
received  a  blow  on  his  head,  it  will  be  a  justi- 
fication sufficient  for  the  bailiffs  to  murder 
himP  Another  part  of  the  evidence  is  in  re- 
lation to  the  bringing  down  of  the  pistols ;  I 
beg  leave  to  observe,  my  lord,  he  did  confess 
that  the  pistols  were  brought  down,  but  not 
with  au  mtention  to  do  them  any  prejudice; 
that  he  laid  them  on  the  table;  they  ao  not  pre- 
tend Mr.  Lutterell  fired  either  of  them,  but  in 
the  struQfgle,  the  pistols  were  in  his  breast,  and 
there  they  went  off  of  themselves.  One 
wounded  the  prisoner,  the  other  went  into  his 
own  breast.  As  to  what  is  said  with  relation  to 
the  intention  of  Mr.  Lutterell,  he  did  own  he  did 
threaten  them :  If  he  did,  yet  he  had  no  power 
over  the  pistols,  one  was  on  the  table,  and  the 
other  was  in  the  window,  and  they  say  the 
pistols  were  not  fired  by  any  of  them:  Our 
witness,  the  maid-servant,  just  a  little  before 
the  pistols  were  fired  off,  saw  Mr.  Lutterell  on 
the  ground  ufion  his  back,  and  his  hands  lifled 
up,  and  them  stabbing  him,  and  this  before  any 
one  of  the  pistols  went  off;  there  is  another  wit  • 
ness  swears  expressly,  she  saw  a  fat  man  take 
a  pistol  out  of  the  wmdow,  and  fire  it  towards 
the  chimney :  Mr.  Lutterell  was  not  a  fat  man, 
f  0  it  must  be  somebody  else  that  fired  the  pistol, 
and  not  Mr.  Lutterel^  in  all  probability.  It 
was  Mr.  Reason,  as  to  the  evidence  jg;iven  in 
relation  to  the  clothes,  because  here  is  a  hole 
in  the  waistcoat,  the  pistol  that  was  in  his  breast 
must  go  off  of  itself,  and  make  that  hole.  It 
can  be  no  such  thing,  the  jury  has  seen  the 
clothes,  and  where  the  wound  is  given,  and  in 
what  position  Mr.  Reiison  himself  bath  at- 
tempted to  place  the  pistols,  and  it  is  impossible 
the  pistols  should  ^o  off,  and  give  that  mortal 
wound.  We  submit  it  to  your  lordship's  dis- 
cretion upon  the  whole,  whether  it  is  a  suffi- 
cient justification,  though  they  are  officers  of 
justice,  and  ought  to  be  protected,  yet  suppose 
fuch  a  misbehaviour  where  there  is  no  ne- 
cessity for  it,  they  are  not  to  be  justified. 

L.  C,J»  There  will  be  two  |>oints  in  law; 
the  one  is,  whether  the  officers  are  to  be  jus- 
tified in  what  they  have  doneP  If  they  have 
done  nothing  but  what  was  proper  to  secure 
their  prisoner,  and  their  own  lives  when  they 
were  assaulted,  they  are  not  guilty  of  fekmy ; 
and  if  they  are  guilty  of  felony,  then  of  what 
degree,  whether  of  murderer  roanslatighter. 

Mr.  Reev€,  My  lord,  we  must  ftibmit  it, 
whether  a  man  amking  another  over  the  bead 
U  a  jnatiOcatMNi  lor  bim  immediately  to  kill 
himumai  take  it  with  thii 


and  then  turned  him  out  ofthe  room ;  and  thera 
the  turning  him  out  ofthe  room  was  not  a  snf* 
ficient  provocation,  and  it  is  a  very  justobeer^ 
ration  of  my  lord  chief  justice  Holt ;  whea 
cases  are  attended  with  so  much  cruelty  and 
barbarity  ^as  appears  to  be  here,  here  are  nwm 
wounds,  eight  besides  that  with  the  pistol  oB 
the  same  person,  and  certainly  two  lusty  men 
as  the  prisoners  at  the  bar  are,  might  ha? • 
made  him  answerable  to  justice  without  an/ 
such  barbarous  treatment).  The  observation 
my  lord  chief  justice  Holt  made,  is,  that  dio 
law  should  be  so  construed.  As  to  the  businean 
of  the  clothes,  it  seemed  to  be  absurd  that  tlM 
pistol  went  off,  and  made  that  wound  on  thn 
right  side ;  by  no  poidtion  he  could  put  the 
pistols  in,  could  their  going  off  maJte  that 
wound. 

Mr.  Strange.  My  lord,  I  would  only  oboervw 
two  or  three  things.  If  Mr.  Lutterell,  at  the 
time  they  assaulted  him  with  a  sword,  had  held 
his  pistols  in  bis  hand,  and  their  own  lives  had 
been  in  danger,  the  case  had  been  difierent: 
but  when  he  had  put  the  pistols  out  of  hin 
hand,  and  they  were  between  him  and  Um 
pistols,  so  that  it  was  impossible  for  him  to  &n 
them  any  such  harm  (for  I  do  admit  if  it  w^ 
in  Mr.  Lutterell's  power  at  that  time,  and  he 
bail  shewed  an  intention,  that  if  they  did  not 
kill  him,  he  would  kill  them,  that  might  bH 


^CrokeCharles,131 
108. 


Pahn.545.  iJooo^  ^ 

t^Reilyng's  Reporta.  119.    Holt484.    GMI^ 
in  this  CoUection  at  the  end  of  the  IVialif -V 
CanMgie|A.o.nsa.  ^^ 


t^         Jbr  ihe  Murder  of  Edward  LuHereli^  esq* 


my 


of  a  juBilificauIon),  they  mre  tbe  leis 

m  '*-"-7  --liU  lliejf  did.    As  lo  ihe 

isiiMs  fina^ofifaemsekes, 

v^im  ..i  :i;    i>Qlter#ir«  bo«omt  and  so 

Mikh  wiiood.  il  teems  to  he  ttnpo9»ible  it 
lff«n.  auil  iliat   lhi!(   num  be  a  wound 
n  y  at  lurn. 
you  bitve  reail  that  ca^e 

t  ruber,  lliere  a  blow  15  11 
jUiU  j1   a  Wow  be  first  given,  il  will 

« ihotigU  draib  do  ensue  upon  i(. 

G«iitl4inien  (>t  itie  jtiry,  the  prisouers 

'«  Qo^li  li«sson  and  ICobert  Ti  anter, 

kf  liic  cofoner*»  inquest,  and  by 

With  tlie  ttiurder  of  Mr.  Lui- 

;  fSmj  9uy  ihey  sre  do!  guiUy  of  ibis 

«kAs;   Add  uUetber  they  sire  g'uiUy  or  not 

M  rmr  btioita*  10  eoquire,  and  reeei?e  satisfuc- 

l«  ^    la  uiiier  lo  prove  them  E^uilty,  tbcy 

aeveird    witnesses  for  the   king^. 

Tbciftisii  lIur^THve,  who  it  seems 

•  sTTSAl  U)   Mr.  Lutierell;    he  tells  you, 

.  TocadAj^t  ^u^  b^  <^^^^  n^^  remeiuber 

^mJi,  «r  fbe  dny  nf  the  month,  but  it 

iiMs  mi.  frotta    '  1    ivitnesses,  that  it 

iv  1^  ITib  dny  r,  ho  says  his  master 

•»  f«mc  dtjwn    1 J   ilkv  i^  aier-side  in  order  to 

H^k^  fvr  a  M  ems  be  lodged  in  Surry-street, 

4  httle  man  ran  after  bim,  and 

tm   the  bnrk.     He  did  not  then 

t7ixt  now  invs  bis  uatoe  is  Tranter ; 

•%ikis  tuact^r  toUf  Imn,  he  would  pay  the 

Be  did  t^^*»  •  ■-  tfir  etidence  he  gave, 

Aw  did   r<  r  that  he  desired 

^fvitnht:..  <>t  Sk'' desired  them 

\P  ^nS   him    to  r.      But  the 

lkr>u^*l»',  thf4  •  isonable;   then 

U  bi  savf,  ihut  with  much  pciiuasion  , 

iM  tvitli    rtvTv  In   rurry  him  hack  to 

;r8  did  carry 

l«f  he  says,  his 

Mf^kUuii,  hv  t\.,  1  ;  when 

fftsira  his  oiOi-t.  d  of  the 

WMM  with  hmi,  UiL  IdL  man,  which 

(for  TmatLT  \«raii  ^^uUf  to  ifct  a  bill  of 

th#  ilfAfm'  '  !rd  of  the 

t  !tew  him 

said.  Ill  i<iMiv  nu:  warrant  in 

wmnim  tlirn^  it  oti  the  ground, 

>  ^^,1  *sr„..vM<ti,  he  should 


J' 

U  it,     fletelts 

11 

ly  knocked  at 

•1  n  to  open  the 

r,  find  he  rau 

i^> 

^•'d  him. 

W* 

ji J  before 

at,  he  itid  hear  the 

♦'fly  fhf*  Jad  giving 

ES 

Hidvring, 

IfL' 

;   but  on 

In 

heard  a 

■  W 

ng-room. 

Vbtn  I 

ig*niotn, 

mdgwt 

aod  was 

-   I...,.  . 

, — ;  ,  .^  T.iM^iov,  and  that 

»«r»rd  drawn  and  wis  striking 

D,  1729. 


at  him  with  his  ivdord  ;  and  he  says,  tm  he  was 

preparing  himself  to  make  anotlier  thrust,  Im 
look  hold  of  tiis  sword -arm,  and  prevented  that^ 
aod  Heason  with  some  passion  ssidi  *^  Damn 
you,  get  you  out  of  the  roam,  or  ebe  you  shall 
die  before  your  master,"  With  that  the  boj 
went  out  of  the  room,  and  went  donu  stairs 
aod  cried  out  fire  and  murder,  iu  order  to  atarm 
the  neighbourhood  ;  be  tells  you  while  he  was 
there  he  heard  a  pistol  go  off,  and  btixit^i  lt% 
could  ?et  up  stairs  he  heard  another  pistol  go 
off;  this  is  the  evidence  given  by  Margrave. 
They  have  called  another  witness,  Hester 
Gerrard ;  she  says  she  heard  her  master  ga 
out  in  the  morning,  and  a  little  time  after 
she  heard  him  return  a^ain,  and  there  came 
with  him  Reason  one  ot  the  prisoners  at  th» 
bar.  ObscrvtDg  this,  that  her  roaster  came  ia 
so  short  a  time  after  he  went  out,  she  bad 
the  curiosity  to  hearken  what  the  meaning 
or  occasion  of  her  master^s  retarnlng  so  soon 
was  ;  she  says  she  heard  her  master  talking 
of  an  arrest,  and  he  seemed  to  be  in  a  passion 
with  the  bailiff  that  was  with  him,  and  said 
he  had  not  used  him  well,  but  ilTf>nfd  \i%vm 
giTen  him  notice  before  he  an  'r« 

street ;   she  says,  slii  withdrtv  ,^ 

her  mistresses  bed«ehamfaer,  which  \«eie  near 
the  room  where  they  were,  and  in  a  little  time 
she  beard  her  master  go  tt[vjiiair8|  aod  in  a 
short  time  afler  return  a^ain;  with  that,  sh« 
had  the  curiosity  to  go  in,  and  sec  what  was 
llie  matter  ;  her  mistress  being  big  with  isliild 
she  was  therefore  more  curious  than  oriltnary 

10  prevent  the  misfortune  falling  on  her  mis- 
tress ;  she  found  her  master  Vith  two  ptuiule 
in  his  hand,  he  stuck  one  of  the  pistoN  on  one 
side,  and  the  other  on  the  other  siJe  iu  his  coat  j 
she  says,  she  admonished  her  master,  and  de< 
sired  him  to  consider  the  condition  of  her  mis- 
tress, and  not  to  do  any  thing  to  fright  her; 
up<m  tlmt  be  said  the  bailiffs  had  affronted  him, 
and  abused  him,  and  called  him  M inter,  how« 
ever  he  did  not  design  to  do  them  any  harm 
with  the  pistols,  and  her  master,  at  her  desire, 
laid  down  the  pistols  on  the  table ;  with  that 
she  went  out  of  the  room  ;  but  soon  aAer  hear- 
ing a  great  noise  she  came  into  the  room  again^ 
aofl  found  her  master  on  his  brick  on  the  floor» 
and  the  bailiffs  stabbing  him  :  she  says  she 
went  out  with  an  intent  to  give  notice  of  it  to  the 

11  ci^^h  hour  hood,  and  that  she  cried  out  murder; 
that  while  she  wu^  doing  this,  she  heard  otie 
pistol  go  off»  and  presently  after  another;  bat 
before  either  went  off,  she  saw  her  master  lying 
upon  his  back,  and  the  prisoner  at  the  bar  (point* 
ing  at  him)  stabbing  him.  Then  they  call 
lljomas  Waters,  a  wateruiao,  he  was  standing 
by  the  water-side,  and  seeing  Mr,  LultereU 
coining  down,  who  was  one  that  usually  em- 
ployed him,  he  expected  a  fare  from  him,  and 
that  he  should  carry  him,  as  he  n«ually  did; 
he  saw  Mr.  LuttereU  make  back  again  and  go 
into  his  own  lodging  ;  but  still  he  said  he  ex* 
pectcd  his  master  lo  come  down,  and  go  by 
water  ;  but  be  not  coming  in  so  short  a  tiiae  •» 
be  expected,  he  made  towards  Uts  Mpjm% 


47] 


8  GEORGE  I.       Trial  nflJufrh  Reason  and  Robert  Tranter,       [43 


and  u  he  came  near  be  heard  the  boy  cry,  Fire 
and  murder :  lie  went  up  into  the  room,  where 
he  found  Air.  Lutterell  lying  in  the  room 
wounded,  all  in  blood.  The  next  witnests  is  Mr. 
Peters,  who  is  a  reverend  divine,  and  came  to 
do  his  office  and  duty  on  this  melanclioly  occa- 
sion :  be  hearing  Mr.  Lutterell  was  wounded, 
and  in  danger  of  dying,  came  to  him  to  perform 
his  office  on  that  occasion :  he  says,  tbat  lie 
requested  and  admonished  him  to  tell  him,  if 
he  was  not  accessary  to  his  own  misfortune, 
and  that  it  may  be,  if  it  was  not  discovered 
whilst  he  was  living,  it  might  be  the  occasion 
of  an  innocent  person's  suffering.  When  be 
admonished  him  to  tell  the  truth,  he  did  with 
the  most  solemn  asseveration,  as  he  was  to 
answer  at  the  dreadful  day  of  judgment,  say, 
^*  That  he  was  barbarously  murdered ;"  but 
did  not  you  give  any  provocation  or  occasion 
for  it  ?  «•  No,  I  gave  none."  With  that,  says 
he,  I  told  him  I  understood  one  of  the  bailiffs 
was  wounded  with  a  pistol ;  did  not  you  dis- 
charge either  of  the  pistols  ?  '*  No,  upon  the 
word  of  a  dying  man,  and  as  he  was  to  answer 


might  sufler.  He  still  insisted,  «  That  he  was 
barbarously  munhired,"  und  said,  **  that  every 
article  of  wliat  he  had  said  was  true."  Ue  said 
to  him  further,  *^  before  you  receive  the  holy  sa- 
crament, and  as  you  are  going  before  God, 
and  there  hope  to  have  reinis^iion  of  your 
sius,  it  is  necessary  for  you  to  forgive  even 
your  enemies;"  and  witli  tbat  says  he,  he  told 
me,  "  He  did  heartily  forgive  all  the  world, 
and  did  forgive  the  persons  that  had  been  guilty 
of  ibis  indiscretion,  and  hoped  God  Almighty 
would  forgive  tbeui :"  he  gives  it  a  soft  term 
there,  their  indiscretion.  Indeed  I  should  have 
been  very  glad  if  the  examination  that  was  re- 
duced into  writing  was  here,  that  it  might  be 
laid  before  you.  Mr.  Peters  is  a  very  worthy 
person,  there  is  no  reason  to  doubt ;  but  he 
swears  upon  his  memory,  and  when  a  man 
swears  upon  his  memory,  he  may  mistakCi 
and  the  mistake  of  a  few  words  rouy  aUyr.the 
sense ;  therefore  it.  was  very  proper  to  have 
had  the  examination  here  ;  that  miuiit  possibly 
have  corrected  his  memory ;  and  though  he 


hath  shewed  himself  a  man  of  great  probity 
it  to  AlmigHty  God,  he  never  discharged  either  j  and  worth,  yet  he  might  be  mistaken  in  some  \t 
ef  the  pistols,  nor  did  he  run  his  sword  at .  particular;  and  it  seems  strange,  that  of  two  ■ 
Ihtfiii,  drew  his  swonl  at  them,  or  give. them  'justices  of  peace    the  one   appears,  and  the  ^^ 
any  provocation."    The  minister  says,  he  ad-  ;  other,  Mr.  Vernon,  with  whom  the  exnmina-  ;- 
▼isedbim  to  be  very  serious,  and  examined  him  :  tion  is  let),  doth  not  appear,  nor  any  endea-  rr 
as  to  the  fact,  and  said  it  would  be  of  very  I  vours  used  to  have  him  here  ;  and  therefore  it  ?_ 
dangerous  consequence,  if  he  should  die  with  |  must  be  taken  as  an  objection,  not  as  to  hie  r 
any  falsity  in  a  case  of  this  nature,  and  it  \  veracit}^  but  that  the  prosecutor  hath  not  pro-  r 
would  draw  present  ruin  on  innocent  persons ;  :  duccd  the  evidence  that  is  proper,  and  only   ^ 
he  said,  "  He  never  drew  his  sword,  nor  dis-  {  relies  on  the  memory  of  the  witnesses,  and  tbn  .. 
charged  eitlier  of  the  pistols,  but  was  barba-  j  seems  to.affect  the  e\ideucc  that  is  given  by  i-^ 
rously  murdered.*'  Mr.  Peters  then  went  away,  '  Mr.  Peters.    They  ha\  c  called  another  witnetiv  (-- 
and  a  little  time  after  came  again,  when  Mr.  ;  whom  they  called  at  last  after  they  had  closed  ;  ^ 
Vernon  and  Mr.  Hayncs,  two  justices  of  the  •  their  evidence ;  she  lived  in  an   house  over  j^ 

E»ce,  came  to  take  an  examination  from  Mr.  {  against  Mr.  Luttereli*s  lodgings ;  she  was  in  a  •._ 
utterell  himself;  he  says  he  was  present  at  '  chamber  two  pair  of  stairs,  and  she  saw  a  lusty  >^ 
that  time,  that  because  they  had  no  clerk  with  '  fat  man  come  to  the  window,  take  up  a  pistoia  ^■ 
them,  he  was  desireil  to  take  an  (account  in  !  and  as  she  thought  discharged  the  putol ;  and  » 
writing  of  what  was  said ;  he  pressed  him  as  j  she  saw  no  other  person  but  this  man,  and-.  _ 
formerly,  and  having  taken  an  account  in  wri-    therefore   concluded    the   fat  man    (ired  the  Z 

uistol :  this  is  the  evidence  given  for  the  king*. 


ting,  that  ought  to  be  produced,  but  it  is  not 
produceti,  and  therefore  no  regard  is  to  be  had 
to  it,  for  a  {lerson  is  to  give  the  best  evidence 
tlie  thint;  is  cap«ib1e  of,  especially  where  a 
person's  life  is  concerned,  and  he  of  his  own 
ahewing,  says,  it  was  taken  in  writing,  and  that 
writing  is  not  produced,  and  no  account  is 
given  that  they  arc  disabled  to  produce  it,  but 
the  justice  of  the  peace  tbat  hath  it  is  out  of 
the  way  ;  and  it  doth  not  appear,  that  pro])er 
endeavours  have  been  taken  to  have  him  here, 
tbat  this  examination  might  appear  more  per- 
fect than  the  former.     He  tells  you  afterwards 


The  prisoners  are  asked  what  they  have  to  say  ,  . 
for  themselves,  in  answer  to  this  charge,  »  hica  ^ 
seems  to  be  a  weighty  one  given  against  them :  ^ 
they  tell  you  they  are  ministers  ol  justice,  and  ^ 
they  give  you  an  account,  not  only  by  ilieir  ^ 
own  opening,  but  by  the  evidence  Uiey  ha?e  ^ 
produced,  in  what  manner  they  behaved  them-  '  ' 
selves ;  that  upon  the  first  arrest,  at  the  reoueat  T* 
of  the  prisoner  that  theu  was,  they  submittad  ^ 
to  carry  him  hack  to  his  own  lodging  :  1  mmt  Z^ 
confess  this  doth  seem  to  make  some  imprea-  ^^ 
it  is  what  bailiffs  are  not  hound   to  do^  " ' 


became  to  him  a  third  time,  and  the  end  of  his  .  they  are  usually  rough,  nud  not  easy  to  be  ui« 

tfwtminop  o  fliinl  litiiA  ■a.-ua  in  !tflA\Aniek  Kitn  iK'illi       tmnldil      iiii1a<»a    uroll     n:iiil     Tur    if  •    f\%i%t    stinHPa 


coming  a  third  time  was  to  admonish  him  with 
respect  to  his  fate  in  the  other  world,  and  at 
that  time  he  desired  to  take  the  sacrament 


treated,  unless  well  paid   fur  it;  this  ahewa,J 


I  that  these  men  wentbtyond  the  bounds  of  their 
»ua»  uuic  uc  iimicu  w  tana  tiic  naui«iiit.iih  ^  •  owu  duty  ;  for  VI  licu  they  had  arrested  him,  ^ 
he  told  him  what  was  necessary,  thai  he  might  ;  they  ought  to  hu\e  securetl  him  by  carrying  ^ 
take  the  aacrament  worthdy,  and  that  it  was    him  to  jail,  or  some  place  of  safety  ;  it  vat^ 

incumlieut  on  them  to  give  him  an  opportunity 
of  paying  the  money,  or  studing  for  bail,  fat 


abofe  all  things  that  he  should  dis- 
conacience,  and  give  a 
'  what  happened  on  this  mehui' 


Ke  desired  to  be  discharged  that  way  ;'bn(t.^ 
when  a  bailiff  hatli  arrested  a  man,  to  cangr^' 


«] 


Jar  tht  Murder  of  Edward  LuUerellfeif,  A.  D.  1722. 


[50 


lis  bftdr  to  Uis  own  lotlf  tni^^  it  an  ud usual 

mmf  «f  trcttdng  pnsnnerB,  anti  oug:Ue  not  to 

Wekara  ;  bat  slill  U  is  not  to  be  impined  to 

Ihf  tuiiiffi,  as  an  a^g^mrtitian  io  the  charge, 

ikef  mtwm  loo   fi^nurnble  in  tru^tiii^  him  in 

lliiiMPni  U>*\g%n^,     What  is  next?  When  they 

W  fciai  there,  Tratiter  is  sent  Tor  the  altor* 

mnH  Ml\.     This  iji  (iretty  extraordinary,  \^h^D 

Imw  kmd  taken  hi  in,  not  nt\\y  to  ofive   him 

luiat  lo  ICO  la  bU  oirn  Imlpng^,  but  one  of 

Ikamfiiev  iipooan  ^nand,  which  Mr*  Lutlerelt 

m^  bave  sent  tiic  own  servant  upon,  akid 

mm  oot»e  but  Reason  ;   tbis   was  extreme 

<iid  mm^f   and  not   ott^n  done  by  mm  of 

Jirr  diarac'crr*     Mliat  then?  Lutteretl  ^oes 

spoaira.      What  did  Reason  then  do?  When 

isbad  carried  tirui  to  bis  own  lodging*  And  sent 

Hi  pasuirr   avray,  be  pves  him  leave  to^o 

Mbiaotber  ehaiitber ;  ibi^  doih  uol  seem  to 

^iltn^mtDerit  of  the  deceased^  but  shews  ex- 

mm9  filfour  lo  ihtlr  prisoner,  whicb  they 

mM  not  iQ   slrictne«ti  justify  :    lie  went  up 

flMiaikl  rettimed  Ri^ain,  and  the  maid  ?ierrant 

iCMr.  L«ailrreU  idlK  yon,  she  s:iw  htm  mth  a 

IMrof  piacci)$^  one  stuck  on  one  m\e  of  his 

■1^  9tlt4  the  oiber  on  the  other  ;  if  their  treat- 

ttaiwia  so  ejciraordinnry  and  civil,  this  seenis 

nil  Mm  timofrard  return  of  Mr,  Lutlereirs, 

•bat  he  vraa  truKti*^!  lo  g-o  out  of  the  roimi, 

ftrld  rHum  with  ;i  case  of  tii$itols  ;  hul  ihe 

ViM-a#r%aiiitaV8*  besaid^  **  He  had  no  malice 

l»»tf4ilJi«tiif  and  wouM  not  hurt  a   hair  of 

fteir  tteaiisy  be  only  brought  down  the  pistoU 

I  heU|^ht  not  be  imposed  tipon."     J  do  not 

Pl^hai  he  meant,  when  he  was  in  custody 

roffieets,  and  bad  been  so  civilly  used,  to 

ase  of  pistols  to  prevent  his  Iteiug 

seems  an  untoward   return,  and   to 

bl  the  officers,  that  lhf*y  mi*jtht  not  carry 

ray,     Thtf  is  not  nil/ Mr.  Gitlbnl  says, 

i  l>cin$;  a  ^nrj^eon  was  called  to  give  his 

on  tbis  very  unhappy  accident ;  be 

y  an  account  of  the  wounds,  and  Ihe  dis* 

chat  p«iF»sed  on  that  occasion,  and  upon 

1  done,  and  how  the  bailiffs  bad 

l^him*     Says  he,  »*  I  confess,"  although 

I  he  hail  examinetl,  and  asked  biiu  sc- 

hefore,  and  that  be  refused  to  give 

ant  then,  but  did  persist  in  tt,  that  he 

>  any  pr-o vocation,  but  at  lest  M'hen 

repeated  it  with  some  earnestness, 

t  at  last,  ''  That  he  did  f^re  one  of 

.,_.     I  stroke  on  bis  head  with  a  stick/' 

li|pii  oil,  and  asked  bira  the  intent  of  bdnyf- 

i^luva   the  pistols;  he  says,  '*  I   did    not 

Ai^  any    hami  ;    1   have    no   malice^  but 

ihem  down,  that    I  might  not  l»e  ilt 

'  ihta  waft  ill  behaviour,  where  he  had 

civilly,  to  declare  that  he  brought 

^Wlii  pictols,  that  he  niit;ht  not  be  ill  u^  : 
i^Mlha  duty  of  the  haili/Ts  lo  carry  hitn  off, 
~  lhalpeti|rht  down  his  pistols  tu  prevent  that ; 
II^iIn*  hlow,  says  the  bailiffitf  the  assault 
lasbtastde;  the  young  man  bath  tnid 
y**  le  heard  a  blow  given  :  Air.  Luttcreil  de- 
h»  hi  ought  down  the  pistols  to  prevent 
franyln^  bim  off*  aad  that  ha  did  give 


one  of  the  bailiflii  a  blow  with  a  cane ;  tl  i^ 
surprizing,  that  immediateb  when  Tranter 
came  back  he  c^bould  run  him  agaiiiid  the 
wninscot,  and  the  other  ti<%S3ult  hi  in  with  a 
sword  ;  this  behnviour  is  not  of  a  piece  with 
the  other,  that  Tranier  fihoutd  come  bock,  and 
without  any  prttvocatiivn  run  liim  agaiuist  the 
WiiH«  and  Reason  should  take  hii«  sword  and 
stub  him  t  there  must  be  a  provocation  ;  the 
boy  says  there  was  u  blow  given^  but  he  cannot 
tell  who  gave  it*  Mr»  Lutterell  declares  he 
gave  a  blow,  and  another  surgeon  confirms  it  3 
so  that  it  appears  be\ond  contradiction,  by  the 
evidence,  that  Ihe  pistols  wei«  bronglit  down 
with  a  design  to  prevent  his  being  carrieil  oflV 
and  that  be  did  give  one  of  the  bailitfs  a  bloir 
wilh  a  stick :  then  Mr.  Bonner  bath  given  you 
an  account  of  several  matters  *  but  that  which 
is  material  is,  that  he  dlti  not  discharge  any  of 
his  pihtots,  or  draw  bis  sword  ;  that  he  did  not 
iittend  it,  but  did  threaten  it  several  times. 
One  Blake,  who  %vas  another  witness,  fiaygj 
that  upon  examination  afterwards  there  ap- 
peared, that  there  had  been  a  blow  on  tha 
head  of  Tranter.  This  is  the  nature  of  the 
evidence  given  on  the  side  of  the  prisoners. 
Upon  the  whole  matter,  1  think  it  is  plain  be- 
yond conlmdiction,  that  the  prisoners  at  the 
bar  did  kill  Mr.  LutterclL  !t  i^  plain  that  first 
of  all,  when  Tranter  had  him  affainsl  t!ie  wall, 
that  Reason  slabbed  bira,  and  when  lying  upon 
the  door,  that  Reason  stabbed  him  ;  and  it  ap« 
pears  afterwards  by  the  evidence  of  the  wit- 
ness, who  smyn  she  saw  the  fat  man  take  up 
the  nistol  mi4  discharge  il*  that  Reason  shot 
oflfthe  pistol  *  so  that  1  think  there  can  be  no 
doubt  at  all,  but  Ihe  prisoners  at  the  bar  did 
give  these  wounds,  of  whicb  he  died*  The 
surgeons  give  an  account,  and  f  think  there 
are  some  eight  or  nine  wounds  wilh  a  swordp 
one  of  them  only  mortal  ;  a  wound  with  a 
bullet  that  is  mortal  ;  seperal  other  wounds  he 
speaks  of,  thai  are  but  slight.  Then  the  ques- 
tion will  be,,  whether  upon  this  evidence  the 
detisndants  are  guilty  of  felony,  and  if  guilty, 
then  tu  what  degree,  whether  of  murder  or 
manslaughter  ?  Gentlemen^  it  bath  been  opened 
Iru/y,  that  the  bailifls  are  ministers  of  Justice^i^ 

♦  **  Bailiffs,  or  sherifJii'  officers^  arc  either 
bailiffs  of  hundreds,  or  special  bnililTV ;  bai« 
Ufl's  of  hundreds  are  officer*  appoiotLMi  ovt-r 
those  respective  districts  by  the  sheriffs^  to  col- 
lect fines  therein ;  to  summon  juries ;  to  attend 
the  judges  and  justices  at  the  assizes,  and 
<)aarter  sessions;  and  als«to  execute  wtits  and 
process  in  the  several  hundreds.  But,  m  these 
are  generally  plain  men,  and  not  Iborouglily' 
skilful  in  this  latter  part  of  their  office,  thttt  uf 
serving  writs,  and  making  arrests  and  execa^ 
lions,  it  is  now  usual  to  join  sped  si  bailttft 
with  them  ;  who  ore  generally  mean  persont 
employed  by  the  sheriffs,  otf  account  only  of 
their  adroitness  and  dexterity  in  hunting  and 
seizing  their  prey.  The  tsheriff  beirtg  an- 
awentbte  for  the  misdemeanors  of  these  bailiffs, 
they  ara  iberefore  usually  bound  in  ao  obli- 

£ 


4 


I 


"] 


8  GEORGE  I.       Trial  of  Hugh  Reason  and  Robert  Tranier.       [St 


tfaey  are  armed  with  the  authority  of  law,  and 
those  who  retiat  a  bailiff  in  the  execution  of 
his  office,  resist  the  law.  They  are  not  bound 
to  gife  way  and  let  their  prisoner  escape,  but 
they  being  to  execute  their  warrant,  if  in  doing 
what  is  necessary  for  this  puqiose,  for  obuin- 
ing  their  prisoner,  and  the  security  of  their 
own  persons,  death  doth  ensue,  the  bailiffs, 
hafing  the  authority  of  the  law  on  their  side, 
it  is  not  so  much  as  felony  ;  and  it  is  very  ne- 
cessary it  shonld  be  so,  for  without  it  all  our 
properties  would  be  precarious.  When  any 
man  offers  an  injury  to  auother,  there  is  no 
remedy  but  by  briogiag  an  action  at  law,  and 
in  order  to  bring  t^  parson  to  do  justice  a 
proper  officer  must  be  employed ;  and  tliere- 
fore  it  is  highly  reasonable  that  bailiffs  should 
have  an  authority  to  carry  off  the  persons 
they  have  arrestetl,  and  if  in  doing  of  it  deatl) 
ensues,  the  party  must  thank  himself.  That 
being  the  question,  I  would  recommend  to 
your  consideration  these  circumstances;  it 
appears  in  the  beginning,  that  the  bailiffs 
treated  Mr.  Lutterell  with  all  civility,  gave 
him  leave  tQ  go  to  his  lodging ;  one  of  th^m 
sends  his  ooropaniou  away,  and  gives  him 
leave  to  go  up  stairs ;  but  although  they 
did  do  that,  that  will  not  justify  them  for  be- 
ing guilty  of  any  barbarity,  without  any  jnst 
occasion  offered ;  therefore  you  are  to  consider 
what  happened  afterwards:  It  appears  Mr.' 
Lutterell  brought  down  the  pistols,  he  dtd  do 
this  to  prevent  his  being  carried  off*:  that  is,  to 
prevent  the  bailiffs  from  carrymg  him  from  his 
MMlffiogs*  which  was  their  duty  to  do  in  case 
the  money  was  not  paid,  or  bail  ^ven  in ;  and 
if  io,  this  IS  good  introductory  evidence  to  that, 
which  they  ofi*er  to  prove,  namely,  that  he  en- 
deavoured to  rescue  himself:  He  says,  he  did 
not  dischaige  either  of  the  pistols,  or  draw  his 
flword  u|)on  them ;  that  he  did  not  intend  to  do 
any  mischief,  but  he  threatened  them ;  then 
see  how  this  is  when  taken  together :  Here  is 
Mr.  Lutterell  und«^  an  arrest,  fetches  down 
his  pistols  with  an  intent  to  prevent  his  being 
carried  oflf* ;  I  doubt  his  threatening  must  have 
reference,  that  be  threatened  to  discharge  his 
pistols,  or  draw  his  sword  upon  them ;  then 
when  his  pistols  are  brought  down  with  that 
tntent,  when  he  threatens  what  use  he  would 


gation  for  the  due  execution  of  iheir  office, 
and  thence  are  called  bound  bailiflSi ;  which 
the  common  people  have  cnrrupled  into  a  much 
more  homely  aopellatiun."  Bl.  Comm.  b.  1, 
ch.  9,  (vol.  1,  p'  345.) 

I  suspect  that  in  this  passage  the  ingenuity  of 
the  learned  commentator  has  misled  him  into  an 
erroneous  refinement  concerning  the  '  homely 
appellation  -,*  which,  I  conjecture,  was  origi- 
oaily  the  name  given  to  the  bailiff's  under- 
ling (or  *  iblloweP  as  he  is  still  called),  whose 
office  it  was  to  *  follow'  the  party  arrested, 
and,  if  necessary,  to  assist  from  behind  in 
forcing  him  forward.  In  France  thia  per- 
sonage 11  (at  leaat  waa)  styM  *  povMB-our, 
ud,  IbeluTi^  ctnMagaM.  .    . 


make  of  his  pistols  or  sword,  what  is  done  af- 
terwards ?  Mr.  Lutterell  gives  one  of  the  bai- 
liffs a  bk>w  with  his  cane ;  it  is  proved  unde- 
niably that  there  was  a  blow  given,  that  ia  prov- 
ed by  the  boy,  that  the  blow  was  given  by  BIr. 
Lutterell ;  that  a|ipears  by  what  he  owned 
himself.  Then  consider,  here  are  pistols 
brought  down  with  a  design  to  make  op|K)si- 
tion ;  that  he  threatened  them,  and  not  only  so, 
hut  gave  one  of  them  a  blow  with  his  cane ; 
what  is  the  consequence?  Tranter  runs  him^ 
against  the  wall,  and  Reason  stabs  him:  If 
this  were  all  that  waa  in  the  case,  when  pistols 
are  brought  down,  and  threatenings  used,  and 
a  blow  given,  the  officers  are  not  to  stand  still 
till  they  are  murdered,  nor  could  they  tell  what 
Mr.  Lutterells  intention  was :  As  he  had  made 
an  appearance  of  resistance,  and  had  made  an 
assault,  you  are  to  consider  whether  this  was 
not  A  necessary  defence  of  the  officers  lo  se- 
cure their  prisoner.  It  is  of  no  weight  what 
Mr.  Latterell  said,  that  he  intended  to  do  them 
no  harm  ;  if  he  made  an  appearance  of  re- 
sistance, and  actually  assaulted  them,  the  ques- 
tion is,  %vli(itlier  the  bailiffs,  in  this  case,  ars 
not  jusUiitd  in  what  they  have  done  ?  Yon 
will  consider  their  circumslanoes.  The  maid 
tells  you,  when  the  pl^ls  were  brought  down* 
at  her  persuasion  her  master  laid  them  on  the 
table;  so  one  would  think  that  nas  an  indi- 
cation that  no  ill  use  was  intended  to  be  made 
of  them  :  It  doth  not  appear  whether  one  or 
both  were  in  the  reach  of  Mr.  Lutterell.  Then 
it  appears,  that  notwithstanding  the  running 
him  against  the  wall,  he  had  in  some  msaaurs 
rescued  himself  from  that  force,  and  tbert 
was  a  struggling,  and  throwing  down,  which 
sliews  tliis  roan  was  not  so  in  the  power  of  tht 
bailiffs,  so  as  they  could  be  secure  of  preserving 
their  prisoner,  or  their  own  lives.  It  must  bs 
left  to  your  consideration,  whether  thers  was 
any  design  of  Mr.  Lutterell  to  rescue  himself; 
but  if  you  think  they  had  a  just  provoeationy 
and  tbey  had  reason  to  be  apprehensive  of  los- 
ing their  prisoner,  the  law  does  allow  them  to 
do  what  is  necessary  for  their  own  security, 
and  the  security  of  their  prisoner.  This  is 
what  I  recommend  to  your  consideration,  whe- 
ther or  no  it  appears  to  you  that  this  was  done 
out  of  heat,  and  out  of  a  passion  by  the  bailiflk, 
when  there  was  no  just  cause  for  them  to  sp- 
|)rehend  the  prisoner's  being  rescued ;  if  yoa 
oelieve  that,  then  the  prisoners  will  be  guilty  of 
felony :  But  if  you  believe  there  was  just  oc- 
casion for  the  prisoners  to  be  apprehensivothcy 
were  in  danger  of  their  lives,  and  of  kisiDg 
their  prisoner,  then  whatever  is  done  in  their 
own  defence  to  secure  their  prisoner,  and  thelc 
own  lives,  it  will  not  be  felony.  I  must  boo« 
fessit  looks  barbarous  to  think,  that  when  a 
man  was  in  his  blood  on  I  he  ground,  tbey 
should  follow  their  bkiws,  giving  him  mora 
wonnds;  this  is  carrying  the  thing  a  great  , 
way,  and  it  kraks  like  some  barbarity  ;  bat  if  • 
Mr.  Lutterell  gave  the  first  occasion,  whaiefer  . 
happeMdafWr,ifdonefurtheaecnri^^«f4lMir  . 
owB  lives,  and  of  their  priasner,  will.^Mefce  '£ 


f 


iSJ         Tnmi  ^J^n  Woodburne  and  Arundel  Coke.        A.  D.  1722. 


iMBfttilty  of feSiciy ;  Nit  Mopposi* )  ou  stioulil  ht 
Wifniiiiuo  llialiheliMli^  have  done  more  than 
^  Mold,  ibm  tlie  pexi  Ihtn^  to  consider  is  in 
ilat4w^i^  fk,.*.  «^..  .*...fiy  :  It  appears  a  blow 
▼•r  'boy,  before  ii*  rjifne 

f  ••t    ,    ^  ,! :  ,    Mr*  Ltuicrell  ihai  Itc 

^n*  ill*  Mhw  ;  Oenttfrnen.  I  Ho  not  knovt, 
«lif  boomir  an;  i«r>{  loju^tiiy  tlirmsdves  by 
tifw^  macy  Ufifsua^e  in  gtvpn  them^  ami 
AcnAat  1  aen  to  be  my  own  iivenifer ;  ftlr. 
Iflili^fmre  OOP ai  ihem  n  blow  oviri  ihe head, 
iibvfnAi  f  be  rr*<t  fVl)  nut  n«t  you  bave  b^uni. 
TbyiwtKwa  I  i>«r  it  be  mimler?    Il 

wm^  6tMk9  14  y,  and  wiiboui  provo- 

Mflu  flvr  ri««   1 1   IS  iioi  murder  :     Blows  bftve 
ml  lowed  to  b«   prorocationSt  and 


»o, 


t«ith  fetcbing  down 
trie  hailiHs  ubat  be 

-•  i'lir  one  of  Ibeoi  a 

Lits  will  not  be 

'"•rtshiig-hler : 

rue  nulho- 

■  yoii  rnu'^t 


m;^ 


M«irq«Fft|«ie  ibr  baitilfs  on  a  lew  nng^ry  worda 
^■■^Iflv  to  lall  into  ■  paKsiotit  aud  take 
l«iy  t^  liVv  of  A  man.  Here  it  a^ipears,  that 
wji^  U?»m  uiiiier  untoward  circum- 
mt'  nliBit  had  been  ibreateoed 

^  •  dcsj ,  .    ■  y  eut  hiK  beiu^  carried  off 

kt^fivii;  Btid  it  It  tH>  nn^  the  tnofltyou  make 
•  il  v»ll  b^  tuanalaiiifbtcr. 
Hivv  ilid  hch^i      ''      k^elTes  civilly  at  Unit, 
^»et  ttiiti    l!<  ni,    which  be  threw 

^  md  bi4  UivHi  ^%ti»tf  tbeir  hack-i»ide  with 
%  Ast  is  ■  ftiatter  uliich  if  this  ^emlennth 
MmimtiSm^  in  the  mantier  he  liutii  done, 
flWiMfie  beep  reiieti(e<liii  its  phice ;  then  two  or 
^•t  bSEs  llif y  are  called  rogues  and  ravcaU, 
mi  fimM  n^f  lit  prot^ke  the  bailies :  I  think 
tti  flnlafifjjf  btAsneu  wai  occasioned  by  too 


^reat  ft  lenity  ol'  the  bailiffa  in  carr^'ini^  back 
tbetr  prisoner  to  hia  uwti  lodging ;  that  was  not 
Weil  done  ot  iliKin,  Hutvrvt^r,  I  iiiunil  leavft 
it  to  ynwr  coiisiderattoii,  whether  or  no  they 
are  guilty  ottelony,  ami  illhey  l>e  jfuihy  of 
jV^jofiv  tlu'.^  M>  v%bat  <leg"ree»  w he iberol  murder 
or  tL  iiiL'r.     I  (brijot  one  thmgr,  the  sur* 

geoh  J  J  1  I  Hf  that  one  of  ibe  huihHs  h»d  m 
wound  in  bis  hand  by  a  bullt-t,  each  of  them 
had  n  wounit,  ihmjgh  it  tloih  not  api^tar  bow; 
all  thin  ia  likewise  to  becousidned:  yun  will 
couiiidcr  the  whole^  and  give  your  venlict  aC' 
cordinfjfly. 

Reason,  as  hath  been  proved,  said,  he  ho|ied 
lie  would  give  him  cit lliiy  money ;  he  aaid  be 
would  ^ivi'  nothmt;  lo  anoh  rnguea  aa  they 
were,  for  they  hiul  given  hirii  no  notice,  but 
had  arrested  him  in  the  atrtet ;  that  is  the 
threat  ^ound  of  coroidaint,  and  at  tlu*i  the  of- 
iience  is  tHkeu ;  they  did  not  gi%e  him  due  no« 
tice,  therefore  it  was  not  civilly  done,  which  if 
ilicy  bad  done^  and  it  had  come  before  us,  w# 
iliould  have  punished  with  great  aeirerity. 

Upon  this  the  Jury  withdrew,  and  af\er  itay- 
in^  out  about  an  hour,  brouj^ht  ihem  bolb  in 
Guilty  of  Mai»slaii^hler;  ilpori  which  they 
prayed  the  beuelit  of  tlie  clergy,  and  were  im* 
mediately  burnt  iu  Iht^  hand. 

From  sir  James  Burrrow^s  Report  of  John 
Taylor's  Case,  it  a|i|ie»irs  tlml  the  uentence  of 
burning  in  the  hand  ttas  executed  upon  Rea* 
son  and  Tranter  behind  the  bar  of  the  Court 
ot  Kinvj's- bench.    See  5  Burr.  270T. 

Tb«i  tfxecmioij  of  capital  convicts  who  are 
in  custody  of  ibe  Marshal  of  the  KingV^etioh, 
is  usually  done  at  St,  Thomas-a.Watenof^s  in 
Hurrey.  See  1  Strange  553  ;  4  Burr.  S089, 
John  Royce's  Case. 


I6£.  The  Trial  of  John  Woodbuene  and  Arundel  Coke,  esq.  at 
Suflfolk  Assizes,  for  Felony,  in  wilfully  slitting  the  Nose  of 
Edward  Crispe,  gcnt.^  8  George  L  a.  d.   1722. 


Ov  tWftilav  tlic  JSib  of  March,  17  23,  »t  the 
msm  Md  al  Bory  8t,  Edmonds,  in  the 
«sty  of  Sollblk,  Jolm  Woodbume  and  Arun- 
MC«^  were  irratgiied  upon  an  Indictment 
%Hi  iNf  Ibe  fraud  |ury ;  Aud  the  Court  pro- 
mhimm: 

tkfk  o/"  lAr  Armi^nmentt,  John  Wood- 
9»a,  htm  uf  Uty  band  ;  Arundrl  Coke  a^ias 
HbAt.  b4d4  uf  iky  band.     (IVbieb  they  seve- 

OffAd) 

laa  9am4  iodieiHl  by  the  nsicnea  ot  John 

laie  of  the'  borou^^h  of  Bury  ^»t. 

i,  lit  Ibe  cotifiiy  of  tiuttblk,  labourer ; 

ktmiri  Coke  alifti  Ceoke,  of  the  borou^^h 

^hai  ynu,  after  the  24th  day 


of  June,  in  the  year  of  our  Lord  1730,  viz.  the 
lir&t  day  of  January  in  the  dth  year  of  our  $o* 
verrip-n  lord  George,  of  Great  Britain,  ^.  in* 
tcndiu;<  one  Edward  Crispe,  gent,  then  and  yet 
fWing  a  subject  of  uur  ^id  sovereign  lord  the 
king,  lo  maim  and  disfigure  at  the  borough 
afuretfuid,  in  the  county  aforc>aaid,by  force  and 
any  a,  <Vc,  in  and  upon  the  said  Edward  Crispe, 
i»  the  pc^ace  of  God,  and  of  our  said  sovereign 
Icird  the  king,  then  and  there  bring,  on  pur* 
poae,  and  of  malice  aforethought,  aud  by  lyiofC 
10  wait,  did  unlawfully  and  telouiousdy  make 
an  assault*  And  tb&t  you  the  said  John  WckmI- 
burno,  with  a  certain  bill  value  a  penny,  which 
you  the  said  John  then  had  and  held* in  your 
right  hanil,  tlie  nose  of  the  «nld  Edward  Cfispe, 
,  and  of  your  malice  forethought* 
'  in  wait,  did  thcQ  aud  vUct«  >mii» 


I 

i 


I 

i 


4 


55J 


8  GEORGE  I.      Trial  ^Mn  WeeHmme  and  Arundel  Cole,      [56 


lawfully  and  feloniou&ly  slit,  with  an  inteit  by 
80  doing,  tbe  said  Edurard  Crispe  to  noaim  and 
disfigure.  And  that  you  the  said  Arundel 
Coke,  at  tbe  time  of  tbe  felony  aforeiiaid,  bv 
tbe  said  John  Woodburne  in  manner  aforesaid, 
unlawfully  and  feloniously  done  and  commit- 
ted, to  wit,  tiie  said  6rst  day  of  January,  in 
the  8tb  year  aforesaid,  at  the  borough  afore- 
said, in  the  county  aforesaid,  on  purpose,  and 
4)f  your  malice  forethought,  and  by  lying  in 
wuit,  unlawfully  and  lelouiously  was  present, 
aiding  and  abetting  the  said  Jonn  Woodburne 
the  felony  aforesaid,  in  manner  aforesaid,  felo- 
niously to  commit  and  do.  And  so  the  jury 
aforesaid,  u|>on  their  oaths  say,  that  you  tM 
said  John  Woodburne  anri  Arundel  Coke,  the 
said  fir>t  day  of  January,  in  the  8th  year'atbre- 
said,  at  the  borough  atbresaid,  in  the  county 
aforesaid,  by  force  and  arms,  &c.  on  purpose, 
and  of  your  malice  forethought,  and  by  lying  in 
Wait,  the  felony  aforesaid,  in  manner  aforesaid, 
did,  and  each  of  you  did,  commit  and  do 
against  the  peace  of  our  sorereign  lord  the 
king,  his  crown  and  dignities,  and  also  against 
the  form  of  the  statute  in  that  case  ma&  and 
provided. 

The   Latin  copy  of  the   Indtetmeot  is  M 

follows : 

DouiNus  Rex  s.  Core  et  Woodburne. 

'  Suffolk,  ff .  Jur*  pro  Dom'  Rege  super  sacra- 
ment'suum  pr8Psentant,quod  Johan'Woodbume, 
Duper  de  Burgo  de  Bury  Sancti  Edraundi  in 
com'  Suft'Miob',  et  Arundel  Coke,  alias  Cooke, 
Duper  de  Burgo  prsed'.  Arm',  post  34  diem 
Jauii,  anno  l><iia*  1731,  scil'  1  die  Jsnuar*, 
anno  regni  Doin'  Georgii  nunc  Retris  Magnce 
Britan',  &c.  8,  machinantes  quendam  Edir' 
Cri!}|)e,  Gen',  adtunc  et  adhuc  existen'  subdit' 
dirti  Horn'  Regis  nunc,  mahemare  et  delbr- 
mare,  a  pud  Burg'  pred'  in  com'  prscd',  ?i  et 
armis,  ike.  in  et  super  pr»d'  Edw'  Crispe,  in 
pace  riei,  et  dicti  Dom'  Re^  adtunc  et  ibid' 
existen',  ex  propusito  (An^Iice  *  on  purpose') 
ac  ex  malitiis  suis  precojg^tat',  et  p«-  insidias 
(Anglice  *  by  lying  in  wait')  illicite  et  telonice 
in«ult*  fecer'  Et  quod  prsed'  Johan'  Wood- 
burne cum  quadam  Secure  (Anglice  *  a  bill') 
falor'  nn'  deiiar',  quam  ipse  idem  Johan'  in 
manu  sua  dextra  adtunc  et  ibid'  habuit  et  tenuit, 
nasum  prsefat'  Edw'  Crispe  ex  nroposito  ac  ex 
malitia  sua  prsecoptat',  et  per  insidias,  adtunc 
et  ibid'  illicite  et  felonire  fidit  (Ansriice  <  did  stif') 
cum  intention'  ad  eund'  Edward'  Crispe  iu  fa- 
ciendo  mtNlu  nned'  uiahemand'  et  derormand*. 
duodqiie  proHl'  Arundel,  tempore  felon'  pnad', 
per  iira'fat'  Johan'  Woodburne,  moilo  et  forma 
pried',  illicitoct  fnlonioe  commisa'et  per|ietrat', 
scil'  eod'  1  die  Januar',  rnno  8  tuprad',  apnd 
Bun;'  pnt:d'  in  com'  pned'  ex  prnp<»sito  ac  ax 
roalitia  sua  prsccogitat',  et  \\er  insidias,  illicite 
ct  Telonice  fuit  pnexens,  auxiiians,  et  abettana 
prierhr  Johan'  Woodburne  ad  lelon'  pr»d\  ia 
jbrma  praMl',  felonioe  oominittend'  et  parpo- 
Irand'.  £t  sic  Jnr*  prml'  dicant  aapar  aaor^ 
«MDt''  nnm  pnnd*,  fiiod  pmd*  Johiv'  Wtii- 


bume,  et  Arondel,  dido  1  die  Januar',  anno  8 
sttpradict',  apud  Burg'  pned'  in  com'  pned',  yi 
et  armis,  &c.  ex  propositi  ac  ex  nialitiia  auia 
prsecogitat',  et  per  insidias,  felon'  pned'  in 
form'  prsetl',  illicite  et  telonice  commiser'  ct 
per|)etraver',  et  uterque  eor'  cominisii  et  perpe- 
travit,  contra  pacem  dicti  Dom'  Regis  nunc, 
coron'  et  digniiat'  suas,  necnon  contra  farm' 
Stat'  iu  bujusm'  casu  edit'  el  provis'. 

Clerk  if  th€  Arraigns.  Haw  sayest  thao, 
John  Woodburne?  Art  thou  Goiltv  of  the 
felony  whereof  thou  standest  indicted,  or  Not 
Guilty  ? 

Fritoner,  Not  Guilty. 

CL  o/Arr.  Culprit,'How  wilt  thou  be  tneAt 

Fritimer,  By  God  and  my  country. 

67.  ofArr.  God  send  thee  a  good  deli? eranat. 
How  sayest  thou,  Arundel  Coke  alias  Coukep 
art  thou  Guilty  of  the  felony  whereof  thoa 
standest  indicted,'or  Not  Guilty  ? 

rriaoner.  Not  Guilty. 

Cl.vfArr,  Culprit,  How  wilt  thou  be  triad f 

Prisoner,  By  God  and  my  country. 

Cl.qfArr.  God  send  thee  a  good  delitaii- 
ance.  You  John  Woodburne,  and  Arundel 
Coke  alias  Cooke,  the  prisoners  at  the  bar« 
hearken  to  what  is  said  to  you.  Those  good 
men  that  are  now  called  and  do  here  appear, 
are  those  that  are  to  pass  between  our  ao?»« 
reign  lord  the  kint;  and  you,  U|>on  your  aereral 
lif  es  or  deaths ;  if  therefore  you,  or  either  of 
you,  will  challenge  them  or  any  of  them,  yoa 
must  challenge  them  as  they  come  to  tbe  book 
to  be  sworn,  before  they  are  sworn,  and  yo^ 
shall  be  beard. 

CI.  of  Arr,  CTv&Ty  gire  the  lKX»k  to 

Thomas  Buckingnam,  George  (/ross, 

Nicholas  Alger,  Samuel  Bridge, 

Ambrose  Gallant,  Jonathan  Clements, 

George  Goddard,  Thomas  Tay  jor, 

Robert  Gall,  Simon  Reeve, 

William  Scott,  William  May. 

CLofArr,  Count  these. 
Cryer,  Are  you  all  sworn,  Gentlemen  ? 
Jun/,  Yes. 

CL  of  Arr.  Make  a  Proclamation. 

Cryvr.    O  Yes !  If  any  of  you  can  infom 

my  k>rd  the  king's  justice,  tbe  king's  attumej 

or  solicitor  general,  of  any  treason,  murder, 

felony,  or  other  misdemeanour  committed  fay 

the  prisoners  at  the  bar,  or  either  of  them, 

I  come  forth,  an«l  you  shall  l»e  heard,  for  iha 

I  prisoners  at  the  Imr  now  stand  upon  their  deli- 

j  verance :    And  all  persons  bound  by  recogni* 

:  Bsnce  to  uroiiecute  them,  or  either  of  them, 

I  come  fortli  and  prosecute,  or  you  will  fbrfeife 

!  your  recognizHiK'es. 

CL  of  Arr.    John  W<M>dbume,  and  Arundel 
-  Coke  alias  Cooke,  hold  up  your  hamla.     Geo*  ■ ' 
tiemen  of  the  jnrv,  lofdc  upon  tbe  prkoneia^    s 
and  hearken  to  their  cliargai   they  aund  \mtt    «■ 
dieted  by  tlie  nawu  of  John  Waodbume,  lal««f  .itf 
tba  borongb  of  Bury  St.  Edmonda,  ia  Iha 
flanqW  ofSiiMk,  JabMMr,  and  Anindal  OalH 
■liM  Coolw,  aT  tho  boni«k«AnnidB  «il»|i 


Jtir  di^gurirtg  Edward  Crispe. 


A,  D.  1722* 


[5S. 


Uir  iBtliciment  before- mrn> 

-'-    "  * '-^t    ■'*  rhey  hnve  been 
Not  GtiiUy  : 

lease  }oui  lardslirp,  ami 

I  irv,  1  niu  of  cotmsrl  fiir 

15  at  the  Uar,  ^'klio 

^      i       t  ?'>danil  53*1  Car, 

iif,"  jiiid  tlie  indictment 
,  liiU  iL^.^  |*«i90«}er6,  the  1st  day  t»f  Ja< 
wmf,mti%m  84b  year  of  h»  present  majesty, 
Umy  Sl  EchnoOfiK  in  this  county,  did  on  pur- 
f«»«»l  nf  m&lior  lc>r«-ltioy^lit,  and  by  lying 
aw«,ai;k«!  mn  i»«»«tiU  iinlftwfully  and  fdoni* 
«aif  «f»o  £iiw»nl  Oris|>e,  gent,  and  that  the 
V«M,JttlMi  W«Oflbunie,  witb  a  bill  which 
WteWd  IB  bis  ri^ht  hand,  did  ou  purpO!>e| 
'm  ffif«*tlHm§iii  4  11(1  liv  lyifi;  i»  wait, 
■ie  ^  the  •!!  1  €ri&pe,  with 

In  •t^doitiir  t'  ^     ''  the  said  Eil- 

an'  prifoner,  Arundel 

» limr  ^  1 11  an i;  the  said  felo- 

iHn  fare-thnug'ht, 

i»H  I         .iiily  and  felo- 

y  aidiug  and  aL>ettjn(r  the  said 
true  io  coiiifnit  (iic*  said  felony  :  aU 
to  be  (ione  contrary  to  the  form 
If  wr  i*ho  arc  connael  for  the 
i»t  this  matter,  you  will  find  ibem 


Ml 


it  p1< 


re,  ftir  I J 
t  id'  kinc 


i^l 


your  lordship, 

tnrv    I  am  counsel t 

t  the  prisoners 

ri»n  the  statute 

one  for  mali- 

i;;i^  of  Edward 

ti{*  ihut  tact,  whiLti 

I  tl»e  tiaiiic  otfrrice  ; 

WiM»  cunnst'l  for  the  kin;^, 

flu*  ii««j»ty,  a«  iht*  fatbrr  of  his  peo- 

Civ  ibeir  •alitiyi  out  of  his  natural 

luili  K4n«fi  i^Mcimmly  pte:i»ed  p^rti- 

I  Ml  f«x*f^  ^''<'  |>i'i»«iecuiioci  for  lui  Iti^rrid 

dy  as  isffaiistuattAn.      And   thotjj^h, 

VA,  It  M  tUtHciiU  tu  stand  in  this  place 

til*  lC?rate«tt  tetMlemeM  lo  our  feiloiw- 

-    -—  -l-^*r-  -fv^  »    V"    ijvi'sted  Iheni- 

■  to  he  such  ; 

,    ^...^  .   jir«»jde  not  to 

y9%£  ^   Rtt   lai  &«  IS  r<HiM)Mteut 

Tlii-ir  tirosirntion  is  be- 

iittrf>rri  d  ;  for«0 

►  j«n*"T*  "iM  Itaw  ,  iuTe,  tlie 

^iw,  mid  Imt  at  the 

r  n*  the  oit?,  and  ao 

ler.     Weslmll 

r    rrtinfiiiUrd, 

iut- 
>t  ii,  and 
Mr.  Coke 
I  whowaa 

rj^M)   to 


sup  at  his  house ;   that  Mr.  Coke  prepofltd 

him  t'?  ..*,  nj>..r  '■••iper  to  miiJce  a  visit  to  Mn 
Mui'^  !^  %te  luention  vi-itbaut  afi| 

the  kiL  :„-!!.;...)  to  which  IVlr.  CrispecoD 
seDted ;   that  Mrs.  IMonke^a  house  opens  iut^l 
the  church-yard^  ivhich  \s  but  crosses  the  vra] 
from  Mr.  Coke's  house ;   that  Mr  Coke  I 
Mr.  Cntpealon^  with  him  aliout  ten  or  elevo 
at  flight,  it  berng;^  dark,  into  the  chuich-yar^ 
anil  walked  him  about  near  Mrs.  Monkeys  doof^ 
without  ^oing  ioi  and  then  making  «ome  noise 
or  t^hisiling,  a  person  came  up  to  him  and 
knocked  hmi  down,  aAer  which  he  was  uol 
seusible  3    tlrnl  being  lef\  tnr  dead,  after  some 
time  he  ffot  up,  and  returned,  he  did  not  know 
how,  to  ftir.  Coke's  house,  %vhere  the  coiupanj 
received  hi  in  fviih  great  consternation ,  as  did 
**-    Coke   hiiiiaclf,  who  soon  returned  after 


Mr. 


walking  out  with  Mr.  Crispe,  out  of  bteaUi, 
and  called  for  a  glass  of  wine  ;  and  bting  asked 
what  was  become  of  Mr,  Crispei  said  he  was 
stLimbling  home  in  the  daik.  Tlit«  we  shall 
profe  by  Mr.  Brown,  another  relatioo.  \?e 
shall  prove  by  Mr.  Sturgeon,  who  was  called  aa 
his  surgeon,  Ihe condition  of  his  wounds  ;  and 
by  Carter,  a  blacksroilb,  that  Mr.  Coke  aliout 
the  Friday  before  the  fact  was  committed,  sent 
for  him,  and  asked  (after  a  |itef  ious  discourse 
of  Carter's  poferty,  and  how  be  might  li?« 
well  in  the  world)  it  he  would  cut  off  ten  mens* 
beads  without  remorse  j  whieb,  when  Carter 
Slid  lie  could  not,  It  he  would  cut  ofT  one  man'i 
head,  and  lay  it  before  Coke  ;  which  Carter  re- 
fusing, [VI r.  Coke  bid  him  consider  on  it,  and 
coiije  {i{*ain  ;  then  gave  him  a  gla^s  of  brandy, 
and  disuii«si*d  bim,  bidding  him  send  Wood* 
buruc  to  him.  We  shall  prove  by  one  Moontt 
a  ♦ailor,  tliut  Mr,  Coke  iiboui  three  years  since 
solicited  him  to  the  like  effrrt.  We  shall  prove 
by  VV  iltel  the  coii!*t;ible,  th^t  afier  Woodburne 
was  liikcii  up,  he  confeiiSed  ihe  fact,  said  he  did 
it  with  a  bediming- bill ,  and  gave  him  directions 
where  to  tina  it,  and  he  found  it  nccordiuijrty  ; 
wtiich  W^oodbume,  when  shewed  hirii,  ackoow- 
ledged  to  be  the  same,  and  which  we  hare 
here  to  produce,  We  aliall  prove  by  Mr.  We» 
ilirrell  tUe  •(iKder,  that  Mr,  Coke,  since  be  wat 
iu  hi^  custody,  confess*^  the  whole  fact,  and 
I  lint  Woodburne  uas  placed  in  a  porch  of  an 
em|tty  hf»use  near  Mr.  Coke's,  to  come  out  oa 
a  whi»<ile  to  do  ihe  fact ;  and  thfU  he  delivered 
Mr.  CriMpe  to  Wooilbornc,  and  was  pretieni 
v«  lien  the  fact  was  committed.  And  after  thtt 
evidmre,  tlit;re  ciio  be  no  doubt,  s^enilemen, 
but  you  wilt  ttnd  the  prisoners  at  the  bar  Guilty 
of  Ibis  iuthctmeut, 

Hcrj.  Brunihitmie.  My  h>rd,  the  defendants 
are  indicted  of  felony ,  upon  an  act  of  parliament^ 
made  22  and  *rA  Car,  S,  by  which  net,  if  anj 
person  or  pcrftont  on  purpose,  and  of  moliea 
fore- thought,  and  by  lying-in* wait,  shall  un« 
lawl'ullv  cut  or  disable  the  tongue,  pot  out  the 
eye,  slit  the  uose,  &«'.  with  an  intention  in  so 
i\m\^\o  maim  or  diwfiM^ure  ;  the  iterson  or  per- 
sons !»o  ofri^odu»L'i  their  counswrllors,  aiders  and 
abettors,  knowing  thereof,  are  felons  wtlbouv 
beacrfii  of  dergy .    Tbr.  iudtclntQiil  c^«rg.«»  V\h» 


59J 


8  G£ORGE  L       Trial  of  John  Woodhume  mid  Arundel 


flefendants  with  feloaiouily  making  an  assault 
on  Mr.  Criape ;  that  Woodbunie  slit  his  no&e 
with  a  bill  or  book ;  that  Coke  was  aidiog^  and 
assistinip  therein.  We  shall  be  able  by  un- 
doubted eridence  to  prove  and  make  clear  the 
charge  of  the  indictment,  aod  e?ery  particular 
thereof;  as  has  been  opened  to  vou,  and  that 
the  manner  of  doine  it  was  attended  with  such 
circumstances  of  iunumanity,  baseness  and  yiI- 
lany,  as  no  iostanoe  can  parallel.  Mr.  Crispe 
is  brother-in-law  to  Mr.  Coke,  who  on  the  1st 
Oa^  of  Januarjrlast,  under  the  colour  of  friend- 
ship and  affection,  incites  Mr.  Crispe  and  fa- 
vtiiy  to  supper  at  Coke's  house.  Before  this 
invitation  he  had  agreed  witli  Woodburne  for 
hire,  to  lie  in  wait  od  purpose  to  effect  the  de- 
signed mischief.  When  Woodburne  was  lying 
in  wait.  Coke  came  several  times  to  him  to  en- 
courage him  in  his  ?ile  purpose.  After  supper, 
Mr.  Coke,  uumiodful  of  all  the  obligations  of 
brotherly  lore,  of  hospitality,  and  of  the  protec- 
tion due  to  Mr.  Crispe,  by  false  and  rile  arts 
and  persuasions  entices  him  into  the  church- 
yard, the  pUce  designed  and  agreed  upon  for 
the  executioD  of  their  wicked  purposes.  When 
he  had  got  Mr.  Crispe  into  this  place,  by  sign 
he  gave  notice  of  it  to  Woodburne,  who  had 
followed  at  some  distance ;  aud  then  delivered 
bim  into  the  possession  of  Woodburne,  and  was 
present  at  the  striking  several  bkiws  with  the 
nook.  By  the  nature  of  the  instrument  every 
blow  must  maim  and  disfigure ;  and  the  btows 
being  given  by  the  order  snd  direction  of  Mr. 
Coke  by  Woodburne,  Mr.  Crispe*s  nose  was  slit 
on  purpose  to  maim  and  disfi^re  by  one  lying 
in  wait :  which  are  all  the  circumstances  re- 
nuired  by  the  act  of  parliament  to  make  them 
Guilty  of  the  felony  with  which  they  are 
charged.  Which  several  facts  we  shail  call 
our  witnesses  to  make  out,  and  doubt  not  but 
the  jury  will  find  them  Guilty. 

8erj.  Selbf.  We  desire,  in  the  first  place,  Mr. 
Edward  Crispe  himself  may  be  sworn,  (Which 
was  done  accordingly.)  Mr.  Crispe,  give  an 
account  to  my  lord  aud  the  jury  of  the  whole 
natter. 

Criipt.  On  Kew  Year's-day  last  I  wasio- 
fited  to  sop  at  Mr.  Coke's,  and  heing  there, 
he  proposed  to  me  to  go  to  Mrs.  Fanny 
Monke'JL  ^ 

X.  C.  /.  (Sir  Peter  King.)  Was  this  before 
or  after  suiiper  ? 

Crispe.  This  was  before  supper :  we  supped 
about  seven,  and  after  supper  about  ten  o'clock 
he  called  me  out  of  his  parlour,  I  followed 
bim ;  we  went  into  the  church -yard :  it  v»as 
then  very  dark,  the  moon  did  not  shine.  lie 
took  three  or  four  turns  before  the  house  where 
Mrs.  Monke  dwelt,  then  he  stood  still  and  made 
Boise. 

X.C. /.    What  kind  ofnoise  did  he  make? 

Criwe.  It  was  like  a  hallooing. 

X.  C.  J.  Were  you  under  any  fear  or  aj^re- 
hanaion  from  that  noise  ? 

CriMpe.  Yes,  my  lord,  1  was  afraid,  and  made 
vp  Inwards  the  wbU  ;  bat  in  a  quarter  of  a  mi- 


nute somebody  came  behind  me, 
me  down. 

X.  C.  J.  Did  you  know  then  ' 
wasP— Cri^«.  I  did  not 

X.  C.  J.  Can  you  tell  what  W4 
afterwards? 

Critpe,  My  lord,  I  cannot,  fo: 
I  lost  my  senses  for  some  time. 

X.  C.  J.  How  long  was  it  befo 
returned  ? 

Crispe.  My  lord,  I  cannot  tell 
time  I  got  up,  and  returned  to  M 

Serj.  Sel^,  In  what  conditio 
yourself.^ 

Crispe.  1  was  ready  to  die  an 
was  found  wery  much  wounded. 

Seij.  Branthw.  Did  any  sui 
you  at  Mr.  Coke's? 

Crispe.  Yes,  Sir,  Mr.  Sturgeoi 

Xj  C.  J.  After  the  person  c 
knocked  you  down,  did  you  lie 
say  aiiTthiuf;? — Crispe.  No,  mj 

X.  C.  J.  Can  you  tell  whethe 
time,  or  what  became  of  him  ? 

Crispe.  No,  I  cannot. 

X.  6.  J.  Was  he  there  when 
was  giwen^ — Crispe.  Yes,  he  wai 

X.  C.  J.  Will  the  prisoners  as 
any  questions  ? 

Coke.  Mr.  Crispe,  was  I  pres 
were  knocked  down  ? 

Crispe.    Yes,  Sir. 

Coke.  Do  you  remember  that 

Crispe.  Yes. 

Coke.  How  near  was  I  to  you 

Crispe.  You  were  close  by  m 
knocked  down. 

Seij.  Selbjf.  Call  Mr.  Brown  a 
(Which  was  accordingly  done.) 
are  a  relation  of  Mr.  Coke's. 

Brown,  Yes,  Sir,  1  married  li 
and  he  married  Mr.  Crispe's  sist( 

Seij.  Selby.  Were  you  at  Mr. 
last  New-year'a-day  at  night? 

Brown.  A  dtiy  or  two  before  las 
day,  I  and  my  wife  and  dau^hte 
to  sup  with  him,  and  accordingh 
came  aboot  six  o'clock,  and  foi 
and  Mr.  Crispe  drinking  a  glass  < 
parlour  before  supper. 

Seij.  Selby,  Was  there  any  ol 
with  them  ?  . 

Broirn.  No,  the  women  were 
I  sat  down  with  them,  and  we 
the  parlour  till  supper- time, 
was  ready,  we  went  up  stairs, 
supper,  between  eight  and  nine,  v 
down  into  the  parlour  again.  So 
Coke  went  out  of  the  room,  a 
back  aq[ain  and  save  a  call,  oi 
Mr.  Crispe,  who  followed  him  ou 

Serj.  Selby.  At  what  tinUe  of  ni 

firovii.  After  nine  o'ck>ck  at  n 

Seij.  Branthw.  How  long  was 
Coke  returned? 

Browji.  He  wat  gone  about  te 
then  retomed* 


Jhr  disfiguriug  Edward  Crispe. 


A.D.  17Si. 


nmtAv.  Was  he  id  anydiiorder  when 

He  eeemed  to  be  oot  of  breath,  is  if 
eo  wftlkine  faster  than  onlioary. 
rmmthm.  How  far  distant  is  the  church- 
*re  this  gentlewoman  dwelt,  from  Mr. 

.  The  church-yard  is  about  twice  the 
i  this  shire- bouse  from  Mr.  Coke's 

BralAv.  What  did  Coke  do  when  he 

* 

L  Immediately  he  drank  a  ^lass  of 

DC,  and  after  he  had  sat  some  time,  be 

of  the  room.     I  heard  a  noise  op  stairs, 

fiold  my  daughter  was  ill,  I  went  up, 

Ktlle  time  came  down  again  into  the 

vfaere  I  found  Mr.  Coke. 

innthae.  Did  you  ask  him  what  was 

fMr.  Crispe? 

L  I  did  then  ask  him  what  was  become 

rispe,  and  be  told  me  that  he  believed 

sne  home  in  the  dark.     In  about  two 

minates  at\er.  Air.  Crispe  came  in. 

verjr  much  wounded  and  bloody.     I 

irprtsed  that  I  could  not  uke  paiticular 

him. 

sAy.  Bowlon^  was  it  from  Crispe's 

t  tn  his  coming  in  again  ? 

u  It  was  near'half  an  hour. 

J.  80  then  Coke  returned  in  about  ten 

,  and  Crispe  in  near  half  an  hour. 

k  Yes,  my  lord. 

leAy.   Did  Mr.  Coke  see  Mr.  Crispe 

icame  back  to  his  house  ? 

■.  Yes. 

Seiiy.  What  did  he  say  f 

«.  Ue  seemed  to  be  in  a  great  conster- 

Bf&y.  Do  you  know  of  any  estate  that 
bit  come  to  Mr.  Coke  atler  Mr.  Crispe's 

im.  I  cannot  positively  say  it  of  my  own 

^Jbiy.   We  will  ask  Mr.  Crispe  that 
pk   Praj  Mr.  Crispe,  would  any  estate 
gt  by  your  death  to  Mr.  Coke  ? 
Ijl^lii  case  I  had  died,  100/.  per  annum 
if  ■*«  come  to  bis  vi  ife,  as  one  of  my 

t^l'  Hits  you  then  no  children,  nor 

'  Np,  my  lord  ;  my  next  of  kin  are 

■WiOneof  which  is  Mr.  Cuke's  wife, 

i jbife  Ifcn  one  of  my  heirs. 

3f.  Ca11Mr.Sti]r(p;oii.     (Who  ap- 

'•••iworn.)     What  do  you  know 

llWi  wouuding  of  Mr.  Crfspc  ? 

lij"  *  surpeon  by  profesaion  ;  and 

lB9.^  Jiuuary  last  at  iii^ht,  about 

1 1  wu  sent  for  to  Mr.  Crispe  at 

MR:  When  1  came^  I  found  him 

^^Mled  and  cut,  and   in  a  very 

■1  and  that  he  had  lost  a  great 

1  namined  his  wounds :    One 

lii  right  ear,  divided  the  fleshy 

d  M  ended  on  his  upper  lip 


just  under  bis  riffbt  noitril ;  the  flesh  was  all 
divided,  and  the^w  left  naked.  Another  wound 
divided  the  right  side  of  the  nostril,  and  made 
an  oblique  cross  over  the  wound,  and  ended 
near  the  right  under-jaw. 

8erj.  Seiby,  Was  his  nose  slit  f 

Sturg.  Yes,  Sir,  the  nose  was  cut  from 
without  into  the  nostril ;  the  edge  of  the  nose 
was  not  cut  through,  but  there  was  a  cut  or 
slit  in  the  nose  that  went  through :  I  sewed  it 
up :  It  was  indeed  but  with  one  stitch  :  it  is 
yet  visible,  and  the  nose  was  cut  through. 

Serj.  Selln/.  Were  there  any  other  wounds  f 

Sturg,  There  was  another  deep  wound  under 
his  chin,  that  reached  from  one  jaw  to  the 
other.  There  was  another  wound,  which  began 
at  his  chin,  crossed  the  left  under-jaw,  and 
tended  towards  his  ear.  There  was  also  a 
small  wound  on  his  left  cheek,  another  on  his 
upper  lip,  and  another  on  his  lefl  temple. 

Herj.  Selby.  How  many  wounds  had  be  in  all  P 

Sturg,  Seven. 

Herj.  Selby,  Do  you  think  there  were  seven 
distinct  wounds,  that  had  seven  distinct  hlowaf 

Sturg.  I  take  it,  that  every  one  of  the  seven 
wounds  had  a  distinct  blow. 

Sen.  Selby.  With  what  instrument  did  yon 
apprehend  those  blows  were  given  ? 

Siurg^  It  was  cut  so  clean  that  1  thought  it 
was  done  either  by  a  knife  or  razor. 

L,  C.  J.  Let  the  jury  aee  Mr.  Crispe's 
wounds. 

Then  bis  face  and  wounds  were  shewn  to  th» 
Jury  for  their  observation. 

Serj.  Branthw,  Swear  Charles  Willet. 
(Which  was  done  accordingly).  I  think  yon 
are  a  constable  in  Bury  St.  Edmonds  ? 

Willet.  lam. 

Serj.  Brantkw.  Had  you  any  occasion  to 
speak  to  Woodburae  concerning  this  matter ; 
and  what  did  he  sayP 

Willet.  I  had  a  warrant  from  alderman 
Wright  and  Mr.  Serjeant  Reynolds  to  appre* 
bend  Coke  upon  Woodbume's  examination. 

Seij.  Branthv,  The  question  asked  vou  is, 
what  you  know  of  Woodbume's  conhissiou, 
and  what  he  said  to  you  about  this  matter.' 

Willet,  After  Woo<lburne  was  committed,  I 
was  with  him,  and  asked  him,  whether  he  was 
concerned  in  the  wounding  of  Mr.  Crispe? 
Ue  told  me,  Yes,  he  was.  1  asked  him  how 
long  Coke  staid  with  him  ?  He  said  that  he 
had  struck  Crispe  three  or  lour  bloivs  before 
Coke  left  him. 

Serj.  Brunthw.  What  else  did  you  ask  him, 
or  did  he  say  to  yon  ? 

Willet.  lie  told  me,  that  he  was  walking  up 
and  down  in  the  church-yard  when  Coke 
whistled  to  him,  and  that  on  that  signal  he  went 
up  and  assaulted  Mr.  Crispp. 

Serj.  Branthw.  Did  he  give  yon  any  ac- 
count how  long  and  where  he  waited  befbre  the 
fact  was  done  i* 

Willet.  He  told  me,  that  he  was  desired  by 
Mr.  Coke  to  be  up  and  down  in  the  church- 
yard about  nine  o'clock  that  night  \  and  that 


m 


8  GEORGE  L       Trial  nf  John  JVoodbumc  and  Arundel  Coh^ 


f  R  cold  oierbt  Coke  v:ive  bim  a  botlle  of 

dyf  and  toM  hitn  he  cuuld  not  telt  whtt 

lime  Cmpe  woultl  c<iiiie  Nimhv,  but  desired  linn 

'^lo  be  reudy,  mid  lo  fttay^  ttri  ii  be  ne^er  !iO  toii^* 

Scij.  Brant hw.    Did   be  teli  you  wttb  what 

iDBtriunent  be  did  it  f 

H'i/ii'i.  He  told  me^  he  did  it  with  an  botik 
•  hih,  that  wan  nt*  w  if  round  for  I  be  purifo^e, 
pd  I  hut  it  wa^  in  hm  house  at  tb<'  Hi(lit  hund 
TiOl'  bis  door.     1  wrnt  aceordiu^  to  bi^  direction, 
^Snd  found  it,  and  broug-bt  it  to  hiin  ;  ami  he 
aid,  that  was  the  book^ — The  hook  I    bare 
ou^ht  with  me,  umt  this  la  tbe  bouk  tfiut  I 
FliavPDOW  in  my  baud. 

Hr.  Haby.  Call  WiHinm  Weiberel.  (Who 
fmti%  sw»m.)  Gi?e  my  lord  and  the  jury  an 
|ttCCount  nbal  you  knuw  of  thi^  matter^ 

Weih^reL    \  am  the  (fjinler  ;    and  ibe  day 
liifter  Mr.  Coke  was  committed  to  me^  about  fite 
ntntite«  after  one,  be  sent  for  me  up  into  bis 
Jtliamber,  where  his  wife  was  cryinsT  and  in 
preat  disorder,  as  be  seemei)  to  be  hkewise. 
She  was    desiring^   htr   hntiband  to   discover, 
i^hen  lie  came  to  bimsetC  be  tobl  me,  that  lie 
and  Woodburne  had  bad  a  design  to  murder  Mr, 
brispe,  and  hud  attempted    u  several  times  \. 
land  desireil  me  to  g^o  and  *!epvire  Woodburne. 
\^  went  to  tbe  alderman,  and  told  tiim  <>f  it,  and 
I  gSive  me  tbe  like  ordersi«     Coming  from  the 
'Alderman  1  met  Mr  Coke's  man,  who  a»vked 
me*  whether  I   had  fouiul  him  f    On  which  I 
asked  bim,  who^  and  uhat  he  meant,  tbinking 
bitn  to  be  i|^noratit  of  bis  master^!*  confessiuii  i 
but  be  told  me,  that  his  master  bad  dUcoiered 
it  to  him,  and  had  aewt  hira  to  take  up  W^ood- 
btirne.    Whilst  we  were  talking,  we  saw  Wood- 
burne commit  up,  and  we  desired  one  Jotin 
Carter,  a  smith,  who  was  shoeing  a  horse,  to 
assist  ui  ;     which  he  did^   and  we    aecureit 
Woodburne. 

L,  C,  J,    Did  Mr,  Coke  confesi  any  thin^ 
t  you  conceruiug^  this  fact,  and  ttie  manner  of 
^  doiflff  it  ? 

Welh,  Yes,  my  lord,  be  did.     He  told   me 
teferal  times,  that  he  had  n  design  to  niunlipr 
Cri«i|)e,  nnd  that  be  employed  Woodbtirtie,  und 
deltvet ed  Cri»pe  into  his  hands. 
t,  C.  /.  Did  be  tell  you  thai? 
Weth,    He  did  tell  me  so :    he  totd  me  al^, 
that  it  was  done  with  an  hook  ;    and  that   be 
bid  Woodburne  lo  cut  bis  weasand  or  wind- 
pipe ;  and  that  if  VVorHlhtirne  had  not  been  a 
cow 'hearted  do^^,  he  would  buve  so  done,  and 
M!ure<i  Criape  from  tclbuir  taltt. 
Mr.  Hah^.    Did  Coke  lell  you  what  means 
Ike  used  to  do  ibis  to  Mr.  Crt^pr  f 

Welh,  He  liaid^  that  he  called  him  out  of  bis 
'  liouse,  went  into  the  chmcb-yard  Hiih    bsra, 
and  there  be  delivered  him  iiito  Woodhurne^s 
bands. 

Mr.  Rahy*  Did  he  fay  what  signal  was 
^tf  en  ? 

Weth,  Not  that  1  reoipmber  ;  but  he  said, 
that  Woodburne  was  pluced  there  by  bis  ap- 
pointment* 

Mr.  Rabif,  For  what  design? 

With.  With  an  mteut  if*  murder  bim.    Wbca 


Woodburne  struck  him^  Coke  aaid,  b«  weal 
away  immediately. 

Mr.  Ratfi/,  What  have  you  heard  Wood* 
burue  say  concerning  this  fact? 

Wtth.  J  have  heard  Wooiihume  say,  that  he  ' 
and  Coke  had  lain  in  wait  lieveral  times,  uad  at 
several  places,  to  niurder  Mr.  Crispe.  J 

Mr,  HuOif.  Did  Woodburne  p?e  you  rnnf  I 
account  what  he  did  at  tbi^timeto  Mr'f"  * 

IV^th*  Ves,  be  did;  be  said  that  t^ 
biin  a  blow  with  bin  hook,  and  that  niafiiiiEr  « 
strikiu«f  htm  duwo^  be  s^are  bim  a  second  hWw|  I 
svhich  did  ;  and  that  Crispe,  as  be  was  fatltfi^,  I 
(^ho  was  never  used  to  swear)  cried  out,  G<mI  ' 
damn  bim  ;  anil  that  tlien  it  went  to  hiii 
heart  to  think  tbnt  he  should  kill  a  man 
an  oath  in  his  mouth. 

BIr.  Raby,   Did  be  aay  he  gave  hini  sen 
blows? 

TfVfA.  He  said  be  gfave  him  several  bl 
and  that  ht^  thought  he  Vfrmt  dr^ad. 

Mr.  Lee.  Call  Rfibcrt  ^loon.  (VVho?i]tp«ai 
and  was  sworn  )  Wiiat  do  you  know  of 
matter  ? 

Moon.  AVben  I  heard  what  hspptn^i 
Cris|»e,  1  said,  I  kntw  the  person  who  dii 
or  the  person  who  einpk>y*?d  hitti  to  do  it  j 
the  reason  was,  bi^cause  three  vearR,  or  ll 
years  and  a  half  ago,  Mr.  Cote  sent  f»»r  me^ 
and  suid  to  me,  at  tirst  I  thought  it  to  bo  iu  a 
jestii»ir  way,  that  he  wished  Mr.  Crisps  out  of 
ibe  world,  be  was  a  pfood-for-noibintj  felloit  ;' 
bis  wi(e  had  a  trhk  of  playing-  away  bis  estate^ 
and  he  wished  somebudy  viould  knock  him  oa 
tiie  liead.  81  r,  said  t  to  bim,  what  adrania^ 
«\ould  that  \}p  to  you  f  lie  shook  his  bead,  ami 
said,  a  very  g"oo<l  csiate.  HM  I,  1  tboLic*fht 
Crispe  bad  out  a  i«maU  estate.  Yes,  said  he,  a 
very  good  one.  Thtn  )  hey^an  to  think  ther* 
wassonje»hingin  it :  after  some  little  timp,  said 
hp,  I  do  not  Tflhie  ten  or  twenty  (^'uineas  to 
knock  him  on  the  bead.  'I'ben  1  heg^an  a  little 
to  reflect  that  lie  shoubl  have  such  on  <!ft[niuri 
of  me,  that  [  sbould  be  such  a  sort  of  a  p  rsfm, 

Mr.  Lee.  What  then  did  yon  say  to  hiui  :* 

Moon.  I  told  htm,  that  f  would  not  kiU  the 
j^reate&i  villain  lu  tbe  world  for  ten  such  towDf 
as  Biiry« 

Mr.  Lee.  What  did  lie  say  afterwards  ? 

Moon.  I  do  not  remember,  1  liave  forgot  if 
there  was  any  tbiogf  else. 

Mr.  Lee.  Row  came  you  fo  remember  this? 

Moon  When  I  heard  of  this  fact  committed 
om  Mr.  Crispe,  tbtn  tt  came  fresh  into  mf 
memory. 

Serj*  &%.  Call  John  Carter.  (Who  ap- 
peared and  was  sworn.)  What  trade  are  you  ol? 

Carter,  A  blacksmith. 

8erj.  Selby,  Did  Coke  at  any  time  seod 
Woodburne  tor  you^  and  what  past  thereon  ? 

Carter.  On  the  Friday  before  New-y ear's* 
dity  last,  which  was  on  u  Monday,  Mr.  Coke 
sent  Wood  I)  II  rue  to  me  v*ho  told  me  his  master 
Coke  wanted  to  speak  with  me. 

Serj.  Setby.  Did  you  ^? 

Carter.  Yes ;  J  went  lo  his  hoisse.  and  he 
ordered  me  to  come  up-to  him  io  bis  chamber. 


Jar  ditfiguring  Edward  Critpe. 


A.  D.  1728. 


l&i 


mm  wtnm^  norsr  u^oirry  ht»  weight 
l^Mm^kmm  oimty  oue  ibeo  ;  but 


tip,  he  li)TtJ  rnrtliHt  he  waoled  a 

S^mm^  liorsr  u^oirry  ht»  weight.   J  tolU  iiim 
wHkoiiw  ofmoy  oue  Oicd  ;  but  when  I  Jirl, 
;  he  Buid,  Bv 
iiear  you  batre 
m^^  ,  you  hav«  lyoL  no  iron 

wmm^^^  «iiil  ^  oy  art  iih  ild  of  a  gaol;   1  have 
%  dMK  IMW  In  a^iliiiiuD  UiRt  mil    make  a 
IttiA  W*  foo  a«  lori^  aa  you  tlve.     1  s^U   1 
^mMht  terv  |riii»i  of  ihai.     8iii(l  he,  tun  you 
Vs^  ^^trrtf    Ves^  said  t,  aa  well  as  aoy  one, 
%^«rw»j«df  and  inv  IHrnd»     Said  he,  ca« 
"^  kf)i  «•»•  lif  liiM  liiif^vflt   B€cr(*ts  io  ihe 
mdi  ?  i  totii  1 .  1 1  as  any  Imfjr.     8aid 

h^j^mm^  prt-r,  i  mdeln/aiul  it  you  will 

mm  at  di  ibm^  i  can  make  a  msin  oi  you  iis 
l^»  foti  lir«  :  do  som  ibiuk  you  could  cut 
fveviv  ii>m's  h«>aifM  ofT  without  scruple  of 
^  "  »  ?  1  lold  him,  No ;  it  was  loo  mych 
9%  mmaL*%  cmucivnve  to  bear.  Said  be,  W  hat^ 
lis  oT  i*0ii«cieace  to  do  a«ch  a  tbiocr  as 
-r-  above  who  have  done  ten 
t»0!i«,  Sir,  $aid  f,  you  mean 
A0immk'tM^i\  grniiemen.  Yes,  said  he,  so  I 
%;  Mj  bate  ruined  fumtUcs,  aud  be^^^rared 
Iftdaoam  r  to  cut  men's  heads  off  h  hut  a 
ttAe  to  tiieru,     8aid   [,  Mr.   Coke,  I   believe 

C^(^t».K  in  if.L*    by  ivay  of  merrimeut. 
■«.  ^^  I  ink  I  "sent  for  you  by 

Saf^'A^  I  I  could  not  do  any 

llMiiir.      i  !  lie,  do  you  think  you 

^  cat  aa  cK>^  ad  without  scruple  of 

mmmmtct  f  I  i«»hl  him,  No.  Then,  said  be, 
i  ym  canH  cul  off  a  man's  bead,  and  lay  it 
Ait  spoil  tbe  table  Ucfure  oie^  you  are  not  for 
my  mm ;  C>o  Ihut  he  (ctciied  a  bottle  of  brandy, 
I  Ave   :  or  tivo,  and  then  liaid  to 

^Carlrr  have  you  go  home,  and 

r  ii4  II  lut  iHo  or  ihree  days,  and  if  you 
Inff  a  Qtoii*!  bead  without  scruple  of  con- 
jofi  tliall  have  plenty  of  gold  and  ^il* 
]  to/  lliiiiff  elve  you  ask.  1  told  hiru^ 
laa  coaatokratioit,  for  I  could  not  do  it. 
T^Bi^  wud  l4c,  Muil  Wood  burn  e  Io  me*  And 
*1  went  mtU  1  ^:iiv  W  oodburne  at  the  door, 
aailMsil  btDi  iff  ke* 

tmj,  Sclly.     *  ly  any  things  eUe  to 

iaa^«r  any  Uuuv'  uUmii  \!r.  Cnspe? 
ij4^gi€r.  1  bf  e  laa  houiut*  of  Mr»  Crispc^s,  and 
I  bftil  btan  formerly  bis  steward,  and 
acied  under  him.     And  Mr.  Coke 
bisanl  my  bo«jae  was  out  of  repair, 
M  be  liu  ajicr  Ulr.  Crisped  and  v^he- 


lik< 
ba  bail 


Tur  iiioi  to  keep 


and  4mli^99f  b) 
Lgioa*  f»utt  h- 
ij  ao^  the  nta >' 
aait  ibai  ' 

aad  abitivi 


sta- 


ijtMc  (for 

by  their 

r  ac- 


>   to 
(«1  Uuf  yU%utf«  :  aisd 


therefore,  Gentlemen  of  the  jury,  we  cannot 
doubt  but  that  you  wilt  iiiid  them  botli  iruihy  ; 
and  that  your  verdict  and  their  couiiciioo  fvill 
be  with  lb e  suffrage  of  all  mankind. 

Mr.  R(tb^-  My  lord,  having-  ij^one  ihroujfb 
our  evidence,  you  will  now  permit  me  to  make 
some  few  observatious  upon  what  has  Iwen  of- 
fered, and  from  which  we  humbty  apprehend  it 
will  most  clearly  appear,  that  we  have  fuUy 
proved  and  iim*1e  out  every  thing  ncce«»ary  to 
maintain  this  indictment. 

My  lord,  it  must  be  agreed,  that  ibis  is  an 
ofleoce  created  by  a  particular  n(^  tJ7  tiAvVm* 
meat,  usually  calleil  sirJtdmC^  ct^ 

made  on  the  occasion  of  the  lii^  nuf 

usage  be  met  with,  to  punish  thRt  otfence,  and 
to  prevent  the  like  Ibr  the  future:  anti  1  aUo 
agreei  that  the  prisoners  miist  apiH-ar  to  be 
guilty  of  those  very  facts,  which  by  that  act 
are  made  felony,  or  otherwise  they  cannot  be 
punished  by  that  law.  But  we  Immbly  appre- 
bend,  that  when  that  law,  and  the  evidence 
which  has  been  given  against  tlie  prisoners  arc 
considered,  they  will  appear  to  be  guilty  with- 
in the  express  words  ot  that  law ;  for  which 
end  1  beg  leave  to  mention  that  act,  which  is 
the  22  and  2S  Car.  2,  cap.  1,  the  wordii  are 
these ;  ^^  That  if  any  person  or  persons,  oa 
purpose,  and  of  mahce  fore-thougnt,  aud  by 
Iviog  in  wait^  shall  unlawfully  cut  or  disable 
tne  tongue,  put  out  an  eye,  shtthe  uose,  &c. 
with  an  mteotion  in  so  doing  to  n>aim  or  disfi- 
gure, in  any  the  manners  before- mentioned » 
the  person  or  persons  so  offending,  their  coun- 
ctellors,  aiders,  aud  abettors  (knowing  of,  and 
privy  to  the  offence  aforesaid)  shall  be  felons ^ 

From  this  cl&uie  it  appears  the  offence  must 
be  done ; 

1.  Of  malice  fore-thought, 
3.  By  lying  in  wait. 

3.  Bj^  slitting  the  nose,  &c. 

4.  VV tth  na  inteutiou  to  maim  or  disfigure* 
And  we  humbly    submit  ir,  that  from  the 

e?idence  which  has  been  given  against  the  nri- 
sonerSy  it  most  plainly  ajtptar^,  thattlic  deki^* 
dan ts  are  guilty  of  this  offence  in  c^  ery  Cir- 
cumstance described  by  thiii  act  ol  pi^rriiituent. 

1.  For  certainly  there  cannot  In-  tlic  Irani 
question,  but  that  ibis  was  done  ot  re- 

thought, when  it  appears  from  the  lo 

have  been  under  consideration,  and  prLUiedi- 
tated  for  three  years  and  an  half:  and  Mr* 
Coke  had  tried  several  persons,  before  he  couJtl 
find  any  so  hardy  as  to  execute  bis  ba»e  pitr* 
pose,  or  comply  with  so  inhumnu  ^"  -"  pi; 
and  therefore  we  apprehend  th*i  l*e 

uny  colour  to  say,  tnis  was  not  of  i**.*.*^^  ..;ۥ 
thought. 

'J.  And  that  this  offence  was  also  done  ivttb 
VI ait  is  as  clear:  for  docs  it  not  fully 

;  ii]H>n  the  evidence  of  Mr.  Crispe^  that 
when  lie  fiame  out  of  Mr.  Coke's  bouse,  Mr, 
Coke  gave  a  whittle  or  signal  ?  In  vain  had 
Mr.  Coke  giveti  that  «ignaT,  if  no  per»oii  bad 
been  in  woitiuj?  to  have  hcanl  it :  to  whol  end 
had  tbit  figual  been  given,  U'  Mr*  Cake  ba<il 


I 


GEORGE  I.       Trial  of  John  JVoodhume  and  Arundel  Coke,      [79 

I      L.  C,  J.  Have  joa  anj  witDetsen,  or  iny 
body  to  speak  fur  you  ? 

fi'oodburne.  My  lord,  here  are  my  twodao^- 
ters  in  llie  Court ;  I  desire  yonr  lordkhip  wouM- 
be  pleased  to  hear  tbem,  Xiin  Woodbnfrie  aod 
Sarah  Woodburne.  (Who  beings  caDed,  ap* 
peared,  and  were  sworn.) 
L.  C.  J.  What  say  you,  Ann  Woodbwroef 
Ann  Woodburne.  On  the  Wednesday  belhM 
New-year's- day  Coke  sent  for  my  ftither  bjr 
bis  boy ;  I  told  the  boy  my  father  was  in  bed, 
and  sick  of  an  ague,  and  could  ont  come.  Th« 
boy  came  afs^n,  and  said,'  my  father  must  by 


1^  ■ 

IJi. 

1    !•>.< 

...-. 

* 

s. 

acci. 

3. 

:«r  vou  iiani  sciven  him  those  se- 

^  \  -or  iioiik/^vhat  did  you  nexl? 

?es$ju  immediately  to  reflect 

•^  .  /^c.  i.x\i  went  away  forthwith 

.  .fiac.  «  uere  1  was  about  to  take  a 

^   ^  «  ac<f . 

•  ^a    .  s  -.eer.    )r  rudiolenance,  or 

«tf     juictnwuc  or  information 

..^^r     !«r  ^;«l'«iHiaiit5  jointly  and 

«     .44s.    '  MiMii    euotudiferunt,  et 

.^  .  o«.^iVic;  '  jr  *'»|uod  aspor- 

..  m^  «. Clique  ^>fMiiavit  ;*'  or  may 

.-,i\    'uiv.  .viihout  charging 

^«.^i«a«   t.  suiiicieuthr  apjicars, 

>^    «..,u  .1  a»». '.tadi  r  ibey joined 

u.<t  *  i   h:  im:h  of  them 

.     «..v«.  i  <>itow!fv  cbax  on snch 

,».  »..»;«;  d  M*iiiv  v>f  ihe  defen- 

^w.t.iLU.  -.au  >uitfr»  convicted  ; 

-.*>    .1    iH;  jiiaix^  &s  several 

%«N«.i    itf  «*uu:^  H  it  purport 

''«     .ivu^v  ijoict^  doth  not 

V  w.u  4Ci  if  dll  the  de- 
.^  ^..«.*:  ict  vuitfd  with  some 

..     v:.  .1.    .cicci  JT  omission  of 

..tv»h    tjicti  it  would  be  no 

.  .-.   j[^   t    oiui  imde  without 

>.  .;.    .«u>  t|t^r\uKtit'ship  re- 

.^. ...<.,    1  » oivti  ott«e  it  must  be 

v<.     .  «-ii^«i  '.iduVr  which  must 
....«    .««;  *}i  HHNU  way  offend 

»«  ...   ux.  .ti«;  jumts  not,  the  in* 
..  .  ...;v*u  .ua«i  ^'baripv  ihem  se- 

.:«>  V  .    'Uk   :t  is  absurd  to 

.%.v.  VwAU3tf  ih«*  olfenoe  of 

.     .     .».,>    iwoA  k  avfivc  pecidiar  to 

,    .«     tv    i^v  'cdiM^u  a  joint  in- 

^  ■  •«..«,  'CI  :it>i  lepairiog'  the 

^^.sM..-^^  ^vuti  iMi'nuuashed." 

N^^  ^^-    j«,  ^.M>,  one  reason 

!w.cu^%uibi   cannot  be 

.^, •>.  ;i«,'ijur\  is,  that  the 

v     »4i   Vi'*.^  ^^  ''^'^  evidence 

.^wuiui  oue.     I  recollect 

^. .    *%tWiM  tried  toother 

V  ^vk.uoi  All  J  experienced 
vv  .»««Atly  statetl  in  his 

..» ,>«4.i%>uly  *f  the  evi- 

V  .vic  to  both  the  pri- 

,    ^. ..  -t.^  •.I.C4I,  nhen  thejii- 

, ..    .•  .a  .1  %«:»dici  of  guilty 

-.   ?^  ^.ca*^  w  to  the  ground 

"    ,  \  .%H,  5  a|»|»o»red  that  the v 

.(^^j^X^ti    ••»»*««.•»  the  whole 

*  ^    ^,  ,.;«»  tariiitir  insttruction, 
• '/*  .^s  jiihI  convicted  one 

**        >...^  '^M^ry,  and  Saver, 

^  '-^    I't*  w^aiutfiit.  (qu.  com- 

"^S^a,       .  ,M<  that  anv  man, 

^^^^'       ,j|  r»»»^»**  in  the  same 


all  means  come ;  but  he  wooM  not  then  go'; 
but  he  went  to  him  on  New -year's- day  m  tb*. 
momiAg,  and  came  home  again.  Aboat  five 
or  six  o*ck)ck  in  the  evening,  my  father  weal 
ont  with  a  hook  in  his  hand  ;  arid  he  sakl,  he 
should  not  be  at  home  till  eleven  or  twelve  at 
night ;  and  if  any  body  came  for  him,  he  bid 
us  not  take  anv  notice  but  that  he  was  at  home. 
We  thought  te  took  the  hook  to  cut  some 
wood  with. 

L.  C,  J.  Have  you  any  thing  more  to  say  f 

Ann  Woodburne.  When  my  mother  died,  I 
went  to  Mr.  Coke's  to  borrow  5s.  of  him,  to 
have  the  c^reat  bell  toll  for  my  mother,  and 
told  him,  that  my  father  would  pay  him  again. 
He  said,  what  signified  the  ringing  of  the 
great  bell  ?  Her  soul  would  be  never  the  betttr 
for  it ;  but  if  he  will  satisfy  me  in  my  request^ 
be  shall  have  five  times  five  shillings. 

L.  C.  J.  Whot  say  you,  Sarah  Woodbaraef 

Sarah  Woodburne.  Coke  did  frequently  send 
for  my  father  at  all  times,  b<}th  of  day  and 
nijrht ;  and  he  would  often  come  to  my  rather, 
and  when  lie  came,  they  would  go  out,  and 
walk  down  the  back-side,  and  talk  together. 
After  this  fact  was  done,  Coke  sent  his  boy  f&t 
my  father,  and  the  boy  snid,  they  must  not  go 
together ;  for  if  they  did,  people  would  Ukf 
notice  of  them. 

L.  C.  J.  Woodburne,  have  you  any  thing 
more  to  say  P 

Woodburne.  This  day  nine  weeks,  which 
was  a  week  after  the  fact  cominitte<l.  Coke 
sent  for  me,  and  said,  John,  1  wish  yon  wonid 
have  done  the  thing  1  ordered  yon  ;  hot  yoe 
have  been  before  alderman  Wright  and  the 
recorder,  and  have  told  your  story  well ;  hot 
bold  you  fast,  they  will  examine  you  again ;  1 
shall — 

L.  C.  J.  This  is  subsequent  to  the  fact,  and 
is  not  evidence  as^ainst  Coke.  If  you,  Wood- 
burne, have  done,  then  Mr.  Coke,  what  baft 
you  to  say  for  yourself? 

Coke.  Way  It  please  your  lordship,  1  an 
much  ashamed,  and  very  unable  to  defend 
myself;  I  am  ashamed  to  think  1  should  be 
concerned  in  so  heinous  a  crime  against  Mr. 
Crispe's  life  ;  I  am  even  confoundeil  at  it ;  it 
is  indeed  a  very  great  crime,  and  !  know  not 
what  to  say  for  myself.  As  for  Woodbnmo^ 
he  hath  asserted  against  me  several  things  tint 
are  false. 

L.  C.  J.  1  hare  told  the  jury,  that  whnt  kp 
bath  said  is  no  erideoce  against  you. 


Jor  di^lgftnng  EdxxHtri  Crispe, 


A.  D*  1722* 


fCdbr.  Wli«0  1  fk«l  rnkt  «f  this  matter  t/i 
b«  Mtl,   be  ib^d  value  it  do 
«M»  tiMB  Ilie    ritttiiif;   off   tKe    head    of  a 
^.    I  M,  kd^^d^  n^o  o«ft  wiih  Mr.  Crispe 
tteoi^lil,  tHii  1  WA* H«H  near  him  vrben  Wood- 
ymwm  mwdk  hkai,  bui  rrtrt^ated   to  my  own 
l«w  m  *  tmommuL     My  lard,  1  am  rery  sen- 
iiirikift  a  fwiiit  ^  law  may  arise  on  the  sta- 
MiK  «Wr«B«  1  am  mdicted. 
LC  i  Wh^trvmf 
Cskm,  liAli  reMpvol  to  my  inienlion. 
1.  C  /.  Yoor  loMimoD  is  matter  of  fact, 
bjj'  T^rr  f-rr  ;  whether  yoor 
lar  *^j  thii  doth  not 

mr  lo  l»t*  f  '  .  Uvv  ;  if  there  be 

«ff«ftlafla>^  »ri«Cf  you  shall  have 

§fm^  ;    i    .  rfiil  whether  you  slit 
Hi  wiiH  an  intcotion  to  disfigure 
laMilitfffart. 

Mjr  ialmt  was  to  tiill  Mr,  Crispe,  and 
■:»Tm   «r  tfffflgiMre  him.* 

'  '  MS  the  question  ihe  jury 
V  au  did  not  ot'  Dtalice  sht 
k«*»-5^  wtih  jii  latent  to  dt^6^re  him?  If 
li*/m  do  ocil  Hud  ihut  yoit  so  did,  yw%  must 
W  ^mfguMt^  Oil  iht«  indidftient.  Hopposing- 
'  iif«  f«^SA  lo  kiUp  yet  your  de«i^  might 
wtm  to  niBim ;  and  this  the  jury  must 
of  fact  for  thtirconsi- 


C^e.  "niii%  it  m  twy  peool  rtatute,  and  I  nm 
■^  It.  ^Am-utl  nt*^  Abvii  eause ;  I  beg  your 
•4i  iiseL 

4'  '  I  f  taw  doth  arise  upon 

il  ttauiir,    yms  fthail  hare  cmtiisel ;  but  aa 
M  n'Hhitisf  ^^^t  matter  of  tact  ;  wbe- 
tike  I5act  [*TOfed  doih  «itrjfporl  the  charge 
riMi«rtniefit  ;  or,  in  other  words,  whether 
n^mnb   lit-  t  ui  make  ^ood  the 

^m^  •  thm  fTM  to  ihe  jury  ;  I  will 

■^  J  ii»  ill  Hi!,  and  ibey  are  on  their 

Mp  >  thdr  verdict, 

CI»U.  I  iii«  i«  a  very  penal  alatute,  and  f 
aaaac  mwigita  it  for  myWlf ;  1  hope  your  lord- 

<>n  thiif  luhject,  «ee  Haw- 
.  ..  -.  -,  i,t  Crown,  book  1,  ch,  S5, 
e,  ^  I  (»oo  thia  CaiM*,*'  tay^  Mr.  Eaal 
Lftw.  ebap.  7,  tfct.  Ii )  '*  Mr.  Justice 
■errrd,  ihul  il  seemed  to  him  that 
>aiai  of  thi4  defence,  ullowin|r  the  in* 
I  H>  lir  what  I  he  prisnopi^  contendefl,  was 
^AehuI  ;  aii4l  that  an  intrtaton  of  violence 
ifctuiiiiiual  and  malignant  could  not  exctise 
^mimm  otte  tliaf  wa4  le«a  so.  Vet  on  the 
••  ■  am-   «*f  i!  1  00  Carrd'fl  Caae, 

W^S.  «f}.|  \  v|kfea8ecl  tome  dtssci' 

M^MI  wiib  Uiki  rnte,  nud  tbouglit  at  Icait 
telWoMiatnicikm  onsht  not  to  be  carried 

ii^ar.**    Lftf»i  H-  ' '         -     '   i  T.-,  Ihatcri. 

^aliUUile*  •!  hy  equity. 

Mm  i^aii ife^  i-...;  .*...;...  k„  i^,.  |*artof  the 
Mm  b  diradiiif  the  jury  did  L.  C\  J.  Kintf 
tf^B  M  ^.f^fCr^htr   ii>  thii  iuvt-    Mm>  reasiiniiicf 

I  lhe!ii):lh 


rl 


»hip  will  astt^n  mo  counsel ;  thia  is  tho  first 
indictment  tliai  over  wna  upoii  Ihts  atatiale. 

£,  C.  J.  ^Vhat  do  the  king'H  counsel  sst 
to  fi  ? 

Seij.  Sflhy,  After  so  full  an  answer  as  your 
fordship  haii  g:iveD,  I  think  il  but  vain  to  say 
any  thing ;  I  a)  way  a  ibought  that  no  matter 
of  law  could  arise  upon  thia  fact  and  indict* 
meot,  for  Woodlnirne  did  the  fact  of  malice 
forest houyht,  by  lywi|^  in  wait,  and  with  an  \n* 
tention  to  maim  ;  Mr  Coke  was  aiding^,  abeU 
ing,  and  privy  to  the  fact :  therelbi-«,  ihougit 
il  waa  ao  intent  to  kill,  it  must  be  to  maim 
also  ;  he  could  not  intend  to  kilt  him  with  such 
an  instrument,  without  intending  to  maim  bim 
ftrst;  and  therefore,  if  their  were  two  in  tea* 
tioos,  and  but  one  executed,  there  is  bo  pre- 
tence to  say,  that  what  was  executed  was  oof 
intended.  Mr,  Coke  says,  that  never  was  any 
iod ictra en t  before  upon  this  slalule;  if  not,  if 
must  be  because  no  nmo  before  ever  thought  of 
being  guilty  of  ao  horrLil  an  aclicn. 

L.  C^  J,  If  any  point  in  law  doth  arise  you 
shall  have  counsel :  hut  the  fact  must  be 
agreed  and  stated,  before  the  law  can  come  iit 
debate.  You  say,  your  intent  was  only  to 
murder ;  but  that  is  not  yet  agreed  or  found 
to  be  the  fact :  it  is  the  point  now  in  trial, 
whether  you  did  it  not  with  an  intention  to 
maim  or  dj!ifi^:ure  ^  and  according  as  that  in* 
l^ntioD  shall  appear  to  the  jury,  so  will  they 
either  acquit  or  convict  you  ;  therefore,  if  you 
have  any  Ihiiftg  more  to  say,  1  desire  you  to 
go  on. 

Coke.  I  submit  to  your  lordship's  judgment, 

Ir.  C*  J.  Gentlemen  of  the  jury,  this  is  an 
indictment  of  the  prisoners  at  the  bar,  John 
VVoodburne  and  Arundel  Coke,  tor  fek)»y,  by 
lying  in  wait,  and  purposely  and  maliciously 
slitting  the  nose  of  Edward  Crispe«  with  in* 
tention,  tn  s*>  ihing,  to  maim  or  dii»figui'e  the 
said  Bdward  Oispe,  John  VVotMlburne  ta  in* 
dieted  for  the  principal  nctor,  or  Ihe  person 
who  did  till*  fact ;  and  Arundel  Coke  is  in^ 
dieted  for  being  present^  aiding  and  alietling. 
This  inditlmenl  is  ffjunded  on  a  statute  made 
in  ibe  *2'ln*^  year  of  king  Chsrifs  tlie  itecoud^ 
entitled.  "  An  Act  to  prevent  uiidiciuus  maim- 
tiig  and  wouufling  ;^*  wherr by  it  is  tTiacted,  thai 
if  any  pf  rs<m  or  pei^ons,  from  and  after  ihe 
a4th*day  of  June,  in  the  year  of  our  Lord 
1671,  on  purpi»se,  and  of  malice  fore-thought, 
and  by  lyingr  in  wait,  should  unlawfully  cut 
out,  or  disable  the  toogne,  put  out  an  eye^ 
iitt  the  no«f»^  col  off  a  nose  or  lip,  or  disable 
Muy  hmb  or  memlier  nf  any  suhjectof  his  ma- 
j«^tyt  with  in  lent  ion  in  so  d'*ing  to  maim  or 
dintigure,  in  any  the  manners  before-mentioned, 
uiich  his  raoji^ty*«  subject,  that  then,  and  in 
every  such  cuse«  ihu  persnn  or  ptTSons  so 
olfen (ling,  their  rounuellors,  aiders  and  aliettors 
(kiioMiog  of,  and  privy  io  the  t>lfence,  as 
Jilores^rtid)  Minti  Iw.  an* I  are  thereby  drelarpd  to 
be  telons,  and  shall  suffer  im%  Ui  cases  of  felony, 
w  ilhout  benefil  of  the  clergy.  Now  the  ques* 
tirm  on  this  indictment,  h^  whether  Johit 
\^  oodbume  did  on  purpose,  aod   of  maltioa 


^ 

^ 

% 
» 


71]  8  GEORGE  L 

L.  C.  X    After  yon  had  given  him  tho^e  »e-  i 
Trral  lto\^'s  with  your  hook,  what  did  jdu  ntxi?  ^ 

Woodburne.  I  began  immediately  to  reflect 
oti  what  1  bad  done,  and  went  iiway  forthwith 
to  my  own  honse,  wbere  f  was  about  to  take  a 
line  to  hang'  myself. 

carrying  awayofadeer^  or  maintenance^  or 
extortion,  Sec.  the  indictment  or  inforraation 
nitty  cither  charge  the  defemlanls  jointly  and 
Be?erally;  as  thus,  **  quad  custoaiverimt,  et 
nterque  eoruni  custodirit  ;**  or  **  auod  aspor- 
tav erunt,  et  eorum  uterque  asportavit  ;'*  or  may 
charge  them  jointly  only,  without  charginff 
ihem  severally,  because  it  sufficiently  ap|*eai*», 
ffOtn  the  construction  of  law,  that  if  they  joined 
ID  such  actj  they  could  hut  be  each  of  them 
g^uilty  ;  and  from  hence  it  follows,  that  on  snch 
indictment  or  information  some  of  tbedefcn* 
dant5  m fly  be  acquitted,  and  others  conTJcted  ; 
f}ir  the  law  looks  on  the  charge  as  several 
affainsr  each,  though  the  words  of  it  purport 
only  a  joint  charge  against  alL 

*«  But  where  the  oBTeace  indicted  doth  oot 
wholly  arise  from  the  joint  act  of  all  the  de* 
fondants,  but  from  such  net  joined  with  some 
personal  and  particular  defect  or  omission  of 
each  defendant,  without  which  it  would  be  no 
oHeoce,  as  ihc  following'  a  joint  trade  without 
haying'  scrred  a  seven  years  ajiprcDticeship  re- 
aitired  by  the  statute,  in  w  htch  case  it  must  be 
liie  pnrtienfar  defect  of  each  trader  which  must 
make  him  guilty,  and  one  of  them  may  offend 
a^inst  the  statute,  and  the  others  not,  the  in  * 
dictmeut  or  informilion  must  charge  them  se* 
ferally  and  not  jointly ;  for  it  is  aUurd  to 
charge  them  jointly,  because  the  offence  of 
sach  drfeodaut  arises  from  a  defect  peculiar  to 
tiim9ett«  And  for  the  like  reason  a  joint  in- 
dictment against  several,  for  not  repairing  the 
fltteet  before  their  houses,  hath  been  quashed/' 
Pleas  oi' the  Grown,  book  2,  c4j.  25,  §  89. 

In  a  Case  in  Strange  (p.  9^1),  one  reason 

assigm>d   why  severaf  defend  an  Is    cannot  be 

joined  in  one  indictment  for  perjury  is^  that  the 

jury  niii^'ht  on  the  trial  apply  to  all  efidence 

which  is  but  evidence  agahist  one.     I  recollect 

that  in  a  case  of  two  persons  tried  together 

at  the  Old  Bailey,  the  learned  and  expenenceil 

magistrate  who  presided  clearly  staled  in  his 

charge  to  the  jury,  tliat  part  only  of  the  eri- 

dence  girtn  was  ap|dicable  to  both  the  pri- 

^toners:  mnwithstanding  which,  when  thejn- 

rfoi*s,  who  had  brought  in  a  verdict  of  guilty 

rigainst  W(h,  were  questioned  as  to  the  ground 

t>n  which  they  proceeded,  it  appeared  that  they 

bad  applied  against  both  prisoners  the  whole 

t^videuce  given;  so,  after  farilier  instructiooi 

'  amended  their  verdict,  and  convicsed  one 

Facquitted  Ibe  other  prisoner.     At  the  end 

the  t.'a^  i»f  Nolde,   Naliihury,  and  Sayer, 

^toL  15,  page  731,  is  an  argument,  (qu,  com- 

[  posed  by    Einlyn).   to  jirove  that  any  man, 

.though  Joi  111  ly  uidieted  with  oihers  in  tftesame 

fnilictmeni,  may  of  right  imist  to  be  tried 

iingly. 


Trinl  of  John  Wnodbnme  and  Antndel  Coke,      {79 

L.  C.  X  Have  you  any  witnesses,  or  any 
body  to  speak  fhr  you  ? 

Woodburne.  My  loul,  here  are  my  two  daugh* 
ters  in  tlie  Court ;  1  desire  your  lonfship  wouiil' 
be  pleased  to  hear  them,  Ann  Woodbtmw  and 
Sarah  Woodburne.  (Who  being  eatled,  ap- 
peared, and  were  sworn.) 

L,  C.  J.  What  say  you,  Ann  WooiMwrtie  ? 
Ann  Wnodhurve,  On  the  Wednesday  before 
New-year*S'day  Coke  sent  for  my  Ikther  by 
kis  boy  ;  !  told  the  boy  my  lather  was  in  bed, 
and  sick  of  an  ague,  and  could  not  come.  Tbtt 
boy  came  again,  and  said,'  my  father  mtT'^t  by 
all  means  come;  but  he  wowld  not  then  .i.  ; 
but  be  went  to  litm  on  New -year's- day  m  tb« 
mornitig«  and  came  home  again.  About  fiv9 
or  BIX  n*clock  in  the  evening,  my  father  went 
out  with  a  hook  in  his  hand  ;  and  he  said,  h^ 
should  not  be  at  home  till  eleven  or  twelf  e  at 
night;  and  if  any  body  came  tor  him,  he  bid 
us  not  take  any  notice  but  that  he  was  at  home. 
We  thought  he  took  the  hook  to  cut  some 
wood  with. 

L.  C.  J.  Have  you  any  thing  more  to  say  f 
Ann  Wtxxihtirni,  When  my  mother  die^,  | 
went  to  Mr.  Coke*s  to  borrow  5s.  €»f  him,  tut 
have  the  [jreat  bell  toll  for  my  mother,  and 
told  him,  that  my  father  would  pay  him  again* 
He  said,  what  signified  the  ringing  of  the 
great  bell  i*  Her  soul  would  be  never  the  better 
f'lr  it;  but  if  he  will  satisfy  me  in  my  request, 
he  shall  have  five  lime*!  five  shillings. 

L.  C.  /.  What  say  yon,  Sarah  Wood bu roe f 
Sarah  Woodburnc.  Coke  did  frequpntly  send 
for  my  father  at  all  times,  both  of  day  and 
night ;  and  he  would  often  come  to  my  father, 
and  when  lie  came,  they  would  go  out,  and 
walk  down  the  baek*side,  and  talk  together. 
At^er  this  fact  was  done.  Coke  sent  his  hoy  fo^ 
my  father,  and  the  bny  sniil,  they  must  not  go 
together ;  for  if  they  did,  people  would  take 
notice  of  them. 

X.  C.  J.  Woodburne,  have  you  any  thingf 
more  to  say  P 

Woodbiirne.  This  day  nine  weeks,  which 
was  a  week  afker  the  fact  committed,  Coke 
sent  for  me,  and  said,  John,  I  wish  you  wouht 
have  done  the  thing  I  ordered  yon  ;  but  yoa 
have  been  betbre  alderman  Wright  and  tb^ 
recorder,  and  have  told  your  story  well ;  but 
bold  you  fast,  they  will  examine  you  again  ;  1 
shall — 

L.  C.  /.  This  is  subsequent  to  the  lact,  and 
it  not  evidence  against  Coke.  If  you,  Wood- 
burne, have  done,  then  3flr.  Coke,  what  have 
you  to  say  fiir  yourself.* 

Coke,  May  it  please  your  lordship,  1  mm 
mueh  ashauied,  and  very  unable  to  defend 
myself ;  I  am  ashamed  to  think  1  should  be 
concerned  in  so  heinous  a  crime  against  Mr, 
Crispe^s  lite ;  1  am  even  confoundeil  at  it ;  it 
is  indeed  a  very  gieat  crime,  and  I  kni»w  noi 
what  to  say  im  ujyself  As  for  Woodburne, 
he  haih  asserted  against  me  several  things  that 
are  false. 

L.  C.  X  T  have  told  the  jury,  that  what  bp 
baih  sud  is  m  evideace  against  you. 


J6r  Sffigmfttg  Edward  Crispe* 


A,  D.  1722, 


[74 


Cilr,  Wh«A  1  icit  WMkt  of  this  matter  to 
b«  wmt\^  ne  ftho«ld  value  it  no 
tliK  mctmg  off  the  bead  of  a 
d||.  I  iImI,  #mitt<4,  go  o«i  with  Mr.  Crispe 
taoiflM,  iMif  I  Wtt^MMsar  tiiitl  wlieti  Wuod- 
hmm  mntk,  hicB,  bot  n>triAiei)  i^i  tity  own 
li^M  m  •  munacflt.  My  lunlf  1  am  rer}/  sea- 
m  pnhnt  of  Iaw  may  arise  on  the  sto- 
1  min  todicted. 

Wiah  f«M«llomy  loteotioii. 

.  il  /.  Y<mr  Mrt«nlioo  is  notter  of  fact, 

1^  tned  by  ^^  /"rw  -  wWiher  yoor 

ittoanuinafi  ,  iliis  doth  not 

•iflM  lo  be  a  I  ivv  ;  if  there  be 

teCt«i«  I  AYi^,  yod shall  have 

■k    !  »mt  *fh€iher  you  slit 

'  with  an  iulcotioa  lo  disfigure 

'  #f  fad. 

My  Miettt  waj  to  kit!  Mr.  Crispe,  and 

^1        iH  the  qoestiou  (he  jury 
.>u  did  not  ut  niahce  «)i( 
■Vt-  ^  disfi^rc  him?    If 

•if/  \  f'U  so  did,  you  must 

W  M^itovi    on    ini^  luiiiL'tftienI*    Hfipposrng 

r»#«if9  was  lA  kill,  yet  your  design  rni^ht 
U#raft  to  tnmtm ;  and  this  the  jury  itiust 
^'   Mm  I*   nittiler  of  fact  lor  their  const- 

C^,  TkW  b  «  f  #fy  ^eiial  9la(Qte,  and  I  am 

«■»:«  m  plifsd  my  aim  eause ;  I  beg  your 

,N  la  a>»fcu  mc  ronnseU 

J,   If  any  p^nnt  wf  law  doth  arise  upon 

If   hare  counsel;  hut  as 

itiit  nialter  of  t»et  ;  whe- 

te  4«   tskei  Jirof  tfd  doth  sii|f|K>rt  the;  charge 

•  ^  m6m:%mmii  ;  or,  in  other  words,  whether 

'te»«5r   bt  »iflficient  to  make  ^fowJ  the 

;  tbis  Mmut  be  lef\  to  the  jury  ;  I  will 

wmt  tar  fa ^  ud  ihey  are  on  their 

Titt-^  i^  iiaI  •tatute,  and  I 

mtjptc  it  i  I  ;  J  hojie  your  lord- 

I  the  taw  opon  I  his  suhject,  see  Haw- 
»»  of  the  Crown,   UJiik    1,  ch.  55, 
.    this  Case/*  says  Mr.    Ea»t 
ii  *P   7,  scf't.  6.)  ♦*Mr  JuiTlice 
%m»  kap  nbarri  -  ncemed  lo  tjitn  that 

I  ot  *e,  Jillowinj;  the  in- 

I  la  ^  wliti^  rtiM's  conleodtNl,  was 

ami  :      .         iiiieniion  of  violence 
al  %nd  iii^h^unni  could  uot  exru»c 
mmm  tbal  wait  less  so.     Yet  on  the 
uT  ilfc  jttdgvB  on  CarroPs  Case, 
aiKf  Eyre   B.  tlprevsed  some  dissn- 
}  iritb  tj^a  case,  oud  thought  at  least 
Delicti  ou4;ht  nut   to   be  carried 
.,,v  ,-  ,  ,r,,..,\  .ft..,  ibatcri. 
I*y  e^juilv. 
^j.irt  of  the 
I  L.  C*  J.  Ktng^ 
.  the  reason intf 
jiifi  of  the  sixth 
KM  chapter  above 


ship  will  assign  me  roundel ;  this  is  the  first 
indictuieut  tliat  ever  was  up(»n  ibis  statute. 

L,  C.  J.  What  do  the  king's  counsel  saj 
to  tip 

Serj.  $rlh/,  Afier  so  lull  an  answer  as  your 
lordship  haij  ^^iven,  [  ihiok  it  but  vain  to  say- 
any  tbio|r ;  I  tilwnys  thought  that  no  matter 
of  law  could  arise  upon  thii  fact  and  indict* 
meot,  for  Woodburue  did  the  fact  of  malice 
fore^tbou{j;hf,  by  lyiog*  in  wait,  aod  with  an  ia- 
tentiou  to  roaim  ;  Mr  Coke  was  aiding,  abet* 
ing*,  and  privy  to  the  fact :  therefore,  thouffti 
it  was  an  intent  lo  kill^  it  mu9t  be  to  maim 
also  ;  be  could  not  intend  to  kill  him  nith  sucti 
ao  instrumeot,  without  intending  to  inaim  him 
first ;  and  therefore,  if  there  were  two  inten- 
tions, and  but  one  executed,  there  is  no  pre> 
tenoe  to  say,  that  what  was  executed  was  not 
intended.  Mr.  Coke  says,  that  never  wasaay 
todictment  before  upon  this  statute ;  if  not,  it 
must  be  because  do  man  before  ever  thought  of 
being-  guilty  of  so  horriil  an  action. 

L\  C.  J.  If  any  fmint  ia  law  dotb  ariae  yoil 
sliall  have  counsel :  but  the  fact  must  be 
a^n-eed  and  stated,  before  the  law  can  come  ia 
debate.  You  say,  your  intent  was  only  to 
murder ;  but  Uiat  is  not  yet  agreed  or  lound 
to  he  the  fact :  it  is  the  point  now  in  trial, 
whether  you  did  it  not  with  un  intention  to 
maim  or  disB^ure ;  and  accord ing^  as  that  ia<. 
tention  shall  appear  to  the  jury,  so  will  ihey 
either  accptit  or  convict  you  j  therefore,  if  you 
have  any  thing  more  to  say,  I  desire  yoa  10 
go  on. 

Ci>ke,  I  submit  to  your  lordship*s  judgment* 

L.  C  X  Gentlemen  of  the  jury,  this  is  art 
indictment  ot  the  prisoners  at  the  bar,  John 
Woo^Jburne  and  Arundel  Coke,  for  tek»tjy,  by- 
lying  in  wait,  and  purpoaely  and  maliciously 
Klittii^  the  nose  of  £dward  Crtipe,  with  to* 
tention,  in  so  doing,  to  maim  or  disfigure  the 
said  Edward  Crispe.  John  Woodburne  is  in- 
dicted for  the  (trincipal  actor,  or  the  persoQ 
who  did  the  fuel  ;  and  Arundel  Coke  is  in- 
dicted for  bcMHg  present,  aiding  and  abeftiiir. 
Thj5i  indictment  is  founded  on  a  statute  made 
in  the  '}2nil  year  of  king  Chiirles  the  second, 
entuhfK  ^^  An  Act  to  prevent  m id icious  maim- 
ing and  wounding  ;^'  whereby  it  is  enacltd,  tlial 
if  any  penMui  or  persons^  Irom  and  after  the 
'i4th  day  of  June,  in  ihp  year  of  our  Lurd 
1671,  on  purpose,  and  of  niiilu-.e  fore-thou]*ht, 
and  by  [ytn^  in  wait,  liliould  unlaw  fully  fut 
ntit,  or  dtsuhle  the  tongue,  put  out  ao  eye, 
aijt  the  nosr,  cut  off  u  nose  or  lip,  or  dii^bk 
any  limb  or  mendier  of  any  subjectof  bis  ma* 
je^ty,  with  inieiiritin  in  so  doing  I0  m^jfQ  ^ 
di»dgurf,  In  any  the  uianm^rs  belbre-oicaiMt^ 
fKiich  his  inajtvty^s  subject,  thai  tbaa,  wmi^ 
errry  such  case,  the  persna  ar 
ofTcnding,  their  1  ouuiiellors,  iid#ffti 
(knowing  id*,  and  privy  to 
uforeMtid)  t^hnll  be,  and  are  thoiAw  i 
be  feluos,  and  fihatl  suffn  tu^  w  t 
without  benrfSl  cdtl 
tion  on  this  tndir  . 
Woodbume  did  0 


T51 


8  GEORGE  L      Trial  of  John  Woodbume  and  Arundei  Coke^      [7S 


fbre>  thought,  and  b^  Iving^  in  wiit,  UDlavr-  ; 
fully  slit  the  nose  of  EJward  Crispe,  with  an  ' 
inteution  to  maim  or  disfi^re  him  therein  P 
And,  whether  Arundel  Coke  was  feloniously 
present  at  the  fact,  aiding  and  abetting  Wood- 
puriie  in  the  commission  and  perpetration  of 
it ?  To  make  '^ut  this  matter,  several  witnesses 
have  been  called ;  the  first  witness  was  Ed- 
ward Crispe  himself,  who  informs  you,  that 
Arundel  Coke  married  his  sister,  and  Mr. 
Brown,  Coke's  sister;  and  that  last  New- 
year's- day  they  were  iuvited  to  sup  at  Mr. 
Coke's ;  and  that  before  supper  Mr.  Coke  pro- 
posed to  ffo  to  Mrs.  Monke's ;  and  that  after 
supper,  about  ten  o'clock  at  night,  Mr.  Coke 
called  Mr.  Crispe  out  of  the  parlour  to  go  to 
this  Mrs.  Monke's ;  and  that  when  they  had 
walked  three  or  four  turns  before  the  bouse 
where  Mrs.  Monke  dwelt,  Coke  stood  still, 
and  made  a  noise  like  a  hallooing,  which 
made  Mr.  Crispe  afraid,  being  dark,  so  he 
made  toward  the  wall ;  but  in  a  quarter  of  a 
minute's  time,  a  man  came  and  kuock(:d  him 
down  :  who  that  man  was,  nor  what  Mas  then 
further  done  to  him,  he  could  not  then  tell, 
because  by  the  blow  he  lost  his  senses  for  some 
time ;  but  afterwards  he  got  up  again,  and  re- 
turned to  Air.  Coke's  house,  from  whence  he 
came,  but  in  a  sad  condition,  much  wounded 
and  bloody,  where  Mr.  Sturgeon  the  surgeon 
came  to  him,  from  whom  you  have  the  par- 
ticulars of  his  case.  He  says,  that  Coke  was 
close  by  him  when  he  was  knocked  down ; 
but  did  not  hear  Coke  say  any  thing.  He 
also  says,  that  upon  his  death  100/.  per  annum 
would  have  gone  to  Coke's  wife,  as  one  of  his 
sisters  and  co-heir. 

The  next  witness  is  Mr.  Brown,  who  mar- 
ried Coke's  sister;  and  he  savs,  tliat  he,  his 
wife  and  daughter  were  invited  to  sup  at  Mr. 
Coke's  the  evening  of  New-year's- day ;  that 
he  came  about  six  o'clock,  and  found  Mr.  Coke 
and  Mr.  Crispe  drinking  a  glass  of  wine  in  the 
parlour  before  supper ;  that  he  sat  down  and 
drank  with  them  till  supper,  that  after  supper 
they  three  came  into  the  parlour  again,  and 
some  time  after  Coke  went  out  of  the  room, 
and  then  came  back  again,  and  called  Mr. 
Crispe  out  of  the  room,  who  followed  him ; 
that  Coke  returned  again  in  about  ten  minutes, 
and  seemed  to  be  out  of  breath,  as  if  he  had 
beeu  walking  faster  than  ordinary ;  thatCoke's 
house  is  distant  from  the  church -yard  alraut 
twice  the  length  of  the  shire-house;  that 
Coke,  af\er  he  came  in,  drank  a  glass  of  wine ; 
and  that  Brown  asked  Coke  what  was  become 
of  Mr.  Crispe ;  and  that  Coke  said,  he  be- 
lieved he  was  gone  home  in  the  dark ;  and  that 
in  about  two  or  three  minutes  after  Mr.  Crispe 
came  in  much  wounded  and  bloody ;  and  that 
it  was  about  half  an  hour  between  the  time  of 
Mr.  Crispe's  going  out  and  returning  again. 

Mr.  Sturgeon  the  surgeon  swears,  that  being 
^ent  for,  he  came  to  Mr.  Crispe  about  eleven 
o'clock  that  night ;  that  he  bad  lost  a  great  deal 
of  Mood,  and  waa  very  much  wounded;  and 
that  ia  the  whole  he  bad  reed? ed  ae? ea  die* 


tinct  wounds,  which  he  apprehends  were  by  to  ^ 
many  several  blows.     He  hath  given  you  a 
particular  description  of  the  several  wounds; 
the  second  wound  is  that  which  ia  alleged  to  he « 
within  this  statute.     He  tells  you,  that  thia 
wound  divided  the  right  side  of  the  nostril ;  and 
that  though  the  edge  of  the  nose  was  not  cut 
through,  yet  it  was  cut  through  in  another 
place;  the  nose was.slit;  there  waaacutfroA- 
without  into  the  nostril :  indeed  the  slit  was  ooi 
very  great,  for  he  sewed  it  op  with  one  atitch ; 
but  he  is  sure  that  a  slit  there  was,  and  ^oa 
have  seen  Mr.  Crispe's  nose.    Now  the  alitting 
of  the  nose  is  one  of  the  particular  facta  men- 
tioned in  the  statute. 

Mr.  Willet  the  constable  swears,  that  he  waa 
with  Woodburne  after  his  commitmeni,  and 
that  he  told  him,  he  was  concerned  in  the 
wounding  Mr.  Crispe ;  that  he  had  been  then 
waiting  for  that  purpose ;  and  that  when  Coke 
whistl^  to  him,  he  went  un*and  made  the  aa« 
sault  upon  Mr.  Crispe  vi  itn  an  hook  or  biil| 
that  was  new- ground  for  that  purpose,  and  di- 
rected him  where  to  find  it  at  his  house,  which 
he  accordingly  did,  and  brought  it  to  Wond« 
burne,  who  said  that  was  the  hook  ;  and  the 
lMK)k  hath  been  now  produced  before  you,  and 
you  have  seen  it. 

The  next  witness  is  Mr.  Wetherell  the  gaoler, 
who  swears,  tltat  the  day  after  Coke  waa  com- 
mitted to  his  custody.  Coke  sent  for  him  up 
into  his  chamber,  and  told  him,  that  he  ana 
Woodburne  had  had  a  design  to  munler  Mr. 
Crispe,  and  had  attempted  it  several  times,  and 
desired  him  to  go  and  secure  Woodburne;. 
which  he  accordingly  did.      He  hath  gives' 
you  an  account  how  and  in  what  manner  ha 
secured  him;  and  he  swears  moreover,  thaf 
Coke  told  him  several  times,  that  he  had  a  de*' 
sign  to  murder  Crispe,  and  that  he  employed 
Woodburne,    and    delivered  Crispe   into    liii. 
hands ;  that  Woodburne  did  it  with  an  hook, 
and  that  he  bade  Woo«lbume  to  cut  his  wind- 
pipe ;  and  that  if  Woodburne  had  not  been  a 
cow- hearted  dog,  he  would  have  so  done,  and 
secured  Crispe  from  telling  tales.     Wetherell 
likewise  swears,  that  Coke  told  him,  that  br 
called  Crispe  out  of  his  house,  went  into  the  ' 
church-yara  with   him,  and  there  delivered  ' 
him  into  Woodburne's  hands ;  and  he  farther 
swears,   as  to  Woodburne,   that  WcMidburnn  ' 
owne<l  that  he  and  Cuke  had  lain  in  wait  se- 
veral times,  and  at  several  places,  to  munler- 
Mr.  Crispe  ;  and  as  to  this  particular  fact,  bn 
gave  him  this  account,  that  he  siruck  him  %• 
blow  with  a  lim»k,  and  that  not  quite  striking 
him  down,  he  gai^e  him   a  sectmd  blow;  anv 
that  as  Crispe  was  tailing,  he  cried  out,  Gmk? 
damn  him  ;  and  that  then  it  grieved  him  tokil|i^ 
a  man  witli  an  oath  in  his  mouth.  .el 

Robert  MiMin  swfars,  that  .when  he  bcnHU 
what  was  befallen  Mr.  Crispe,  he  aaid,  thai 
knew  the  person  that  did  the  imiA^  or  him 
employed  the  penoo ;  and  the  i 


cause  about  three  yeara  and  a  half 
Cokeeeniforhim.  and 
Mr.CriipeoataC 


77J  Jw  dufigufing  Edward  Crispe^  A.  D.  J72f.  [78 

Mt  wwHil  kiMck  him  on  the  head  ;  and  that  Mr.  Criipe,  nor  the  Gnttiog  or  knockiDgf  him 
vhn  be  asked  hiai  what  advantage  that  would  ■  down  with  his  hook ;  his  coiifessioD  is  not  e?i- 
ketohim?  He  replied,  a  very  good  estate ;  j  dence  against  Coke,  but  it  is  against  himsHf; 
•ad  aftrrwarda  told  him,  he  did  not  value  ten  or  ,  and  you  hear  what  he  liatb  owned ;  that  last 
i«nty  euinems  to  knock  him  in  the  head:  |  barley- harvest  Coke  sent  for  lum  to  mend  hia 
Tkm  made  Bloon  reflect  upon  himself,  and  was  '  copper,  and  then  ordered  him  to  meet  him  at 
cseccmgd  that  he  should  have  such  an  opinion  ;  another  place;  whicli  was  accordingly  done  ; 
af  Urn ;  and  tbeieoo  told  him,  that  he  would  j  where  Coke  told  him,  that  he  had  a  thing  for 
■aikiU  the  jpeatest  villain  in  the  world  for  ten  '•.  him  to  do,  but  it  was  not  to  be  done  presently; 
Mdilmisas  Bury.  ^  |  and  if  he  would  do  it,  he  should   want  tor 

Jaha  Carter  aweara,  that  on  Friday  before  i  nothing.   And  when  he  asked  him  what  it  was  f 

He  said,  to  set  Crispe  aside,  that  is,  to  kill  him ; 
and  Coke  gave  him  eighteen  pence.  That  then 
he  told  him,  he  could  not  do  it ;  that  Coke 
solicited  him  several  times  afterwards  to  murder 
Crispe ;  the  particulars  whereof  I  do  not  enu- 
merate, because  they  principally  relate  to  Coke, 
against  whom  it  is  not  evidence ;  but  yet  thej 
so  far  relate  to  Woo<iburne,  as  to  shew  hu 
knowledge  and  delilieration  in   thia   matter; 


iMw-yar'a-day  last.  Coke  sent  Woodbume  to 
Uai,iildl  him  that  his  master  Coke  wanted  to 
tpttk  with  bina  ;  that  thereon  he  went  to  his 
^MK,  and  was  ordered  to  come  up  to  him  in 
kb  ckamher,  which  he  did ;  and  there  Coke 
ios  mnircd, 'Whether  he  could  help  him  to  a 
fasdrtraoip  hofse  ?  And  then  told  him,  that  he 
haal  he  bad  kwt  much  of  his  business ;  he 
Wit  iron,  nor  coal ;  and  that  he  had  a  thing 


that  #ould  make  a  man  of  him  ns    therefore  to  come  to  the  day  whereon  this  fact 
-.1  -  *.,-!  «i...>.^..  — !,«.! !.:.«  ,..i.«.  !  was  done,  Woodburncsaitb,  that  about  eight  or 

nine  in  the  morning  Coke  sent  for  him,  and 
told  him,  that  that  day  they  should  have  the 
fairest  opportunity  to  kill  Mr.  Crispe ;  and  it 
was  agreed  between  them,  that  iVoodbume 
shoii'd  be  in  tlie  chiirch«yard,  at  Mr.  Morrice'a 
porch,  about  eight  o'clock  in  the  evening.  He 
accordingly  went  with  his  hedge- hook  or  bill, 
which  hatli  been  here  product.  Coke  came 
out  to  him  twice  by  himself,  and  the  third  tims 
a  little  after  ten  o'clock  Coke  and  Crispe  came 
out  together ;  and  then  Coke  whistled,  which 
was  the  signal  between  them;  and  thereon 
Wooilburnc  came  up,  and  owns,  that  ivitb  hia 
h(K)k  he  cut  and  knocked  doun  Crispe,  and 
that  though  he  never  hennl  Crispe  swear  before, 
yet  thnt  now,  as  Crispe  was  falling  he  swore 
Ciod  dair.n  him ;  whereon  he  gave  him  those 
spvcral  n:iier  wounds  and  blows  that  Crispe 
icceivt'd;  and  then  reflecting  on  what  he  hid 
done,  inimcHlintolv  wentto  his  own  house,  where 


r«he  li«ed;  aud  thereon,  asked  him,  whe 
ifccrht  CQoid  keep  a  secret,  and  one  of  the 
^|Ul  secrets  in  the  world?   And  upon  his 
triHf  him  that  he  could,  be  asked  him  whether 
bcwkl  cut  five  or  six  men's  heads  off  without 

I  of  conscience  ?  And  when  he  told  him 
ilhat  was  too  much  for  a  man's  conscience 
fekir,  be  told  him,  there  were  those  above, 
■aaisg  the  South -sea  gentlemen,  who  ha«l 
Asc  tea  times  worse,  ruined  families,  and  bcg- 
^ti  gentlemen ;  aud  that  to  cut  men's  heads 
4  was  bat   a  trifle  to  them.    Tliat  hereon 

told  biro,  he  believed  he  spoke  only  in 


MMTupie  of  convcienccP  And  whrn  Carter 
•N  bini,  No :  Then  Coke  told  him,  xi'  he  could 
■I  est  off  a  man's  head,  and  lay  it  tiown  en  a 
ftMt  before  him,  he  was  not  for  his  turn  ;  and 


save  him  a  glass  of  brandy,  and  bid  him  >  he  was  about  to  take  a  rope  lo  hung  himself. 


tr  of  it  tor  a  day  or  two,  and  if  he  could 
^  a  man's  head  without  scruple  of  con- 
e,  he  khoutd  have  plenty  of  gold  and 
and   any    thing   else   he  should  ask: 
Carter   repl\  ing,  that  he  needed  no 
9-atioD,   he  could  not  do  it ;  then  he  bid 
Dd  Wnodburneto  him  ;  which  he  did. 
■h  all  this   discourse  between  Carter  and 
,  Ui  I  do  not  find  that  Crispe  was  the  person 
Ion  nliom  this  outrage  should  he  com- 
I;  Itul  Carter,  who  is  a  tenant  of  a  houso 
!.Cn«pe's,  says,  that  Coke  told  him  he 
i  tbe   bouse  was  out  of  rcpnir;  that  it 


I'y  this  dofcnce  of  Woodhurne,  you  see  that 

he  (ioth  not  dtny  the  assaidting  and  wounding 

of  Mr.  Crispe  ;  *  buL  that  that  he  chiefly  insists 

on  is,  that  what  he  did  was  by  the  solicitation 

and  procurement  of  Mr.  ('okc;    which  is  no 

justitication  or  excuse.      Ilowcvrr,  h-^    hath 

I  called  two  witnesses,  Ann  and  Surah  Wond- 

I  hnrne,  his  two  daughters,  to  prove  that  Coke 

,  did  frr(piently  semi  for  their  talhcr,  and  often 

I  came  to  him  at  his  own  house,  nnil  would  be 

.  in  private  ronfereiiee  tojjt?lhor,  whi<li  probably 

was  ai>out  this  m:itt(T;  but  if  it  were,  this  only 


I  confirms  w  h:»t  WorMlhurne  insists  on,  that  he 

be  bis  af^er  Mr.  Crispe  ;   and  asked  him,  \  was  solicited  and  hired  by  C(*ke  to  do  this  fact ; 

be  would  not  like  it  better  for  Coke  to  !  which,  as  I  said,  will  neither  justify  norexouse 

m  in  repair,  as  be  had  done  before,  whilst    him  ;  fur  no  man  is  to  obey  the  umIh^^  f  uI  com- 

€ri»pe'8  steward  ?  i  mands,  or  hearken  to  the  illegal  advices  of  any 

*tbe  substance  of  the  evidence  given  '  other  person  whatsocfver. 

*  prisoDers  at  the  bar,  to  prove  that  I  As  for  i>lr.  Coke,  that  which  he  principally 
^•nsly.  and  by  lying  in  wait,  have  |  puts  his  defence  upon  is,  that  his  intent  was  to 
Va'nosewith  an  intentto  disfigure  i  kill  and  murder  Mr.  Crispe,  hut  not  to  maim 

him,  or  to  slit  his  nose,  or  to  disfigure  him  in  so 
<loing;  and  therefore,  though  in  |iiirsuanre  and 
execution  of  the  attempt  to  iiiurdcr  .Mr.  Crispe, 


^  BSt  deny  tbe  tfenersi  fact, 
^iV  ia  wait  to  assault 


79]  8  GEORGE  L      Triai  of  John  fVoodbume  and  Atundd  Coke,      [80 

tfaeyiUi  bit  nose,  or  miif^bt  tberdiy  disfigare 


D,  yet  tbat  not  beiniif  their  iDlention  and  de- 
sign, ne  is  to  be  acquitted  on  tbis  indictment, 
wberein  tbe  intent  of  tbe  party  is  one  of  tbe 
principal  inin^ients  to  make  him  guilty.  Tbb 
same  defence  will  serve  ateo  for  Woodburne, 
that  they  intended  to  munler,  but  not  to  msiro ; 
"and  if  they  did  maim,  it  was  with  an  intention 
to  kill  and  not  to  disfigure.  Now  tbis  indict- 
ment is,  a<«  1  told  you.  fouodiM  on  the  S9rid 
and  SSrd  Car.  9,  c.  1,  fur  that  on  purpose,  of 
malice  fore -thought,  and  by  lyinij^  in  wsit  tbr 
prisoners  did  unlawfully  and  feloniously  slit  the 
nose  of  Edward  Cris|ie,  with  intention  in  so 
doing  to  maim  or  disfigure  him.  Woodbunie 
is  chsrged  as  the  actor  or  principal  agent,  Coke 
as  being  present,  aiding,  and  abetting ;  which 
in  point  of  law,  is  the  same,  as  to  the  guilt  and 
conscience,  both  being  in  law  principals. 

That  this  attempt  on  Mr.  Crispe  was  de- 
aigned,  malicious,  and  by  lying  in  wait,  the  evi- 
tlence  is  very  strong ;  there  has  been  also  very 
•trong  e\  idence  given,  that  the  nose  of  Mr. 
Crispe  was  slit  by  Woodburne,  and  tbat  Coke 
was  present  on  tbe  same  design  with  Wood- 
burne. 

But  the  thing  chiefly  insisted  on  is,  that  the 
slitting  of  Mr.  Crispe's  nose  was  not  with  an 
intention  in  so  doin^  to  maim  or  disfigure  him ; 
and  if  it  were  not  with  that  intent,  then  the  pri- 
aoners  will  not  be  gailty  upon  ibis  indictment 

Now,  gentlemen,  wluit  the  intent  of  these 
persons  was  in  slitting  Mr.  Crispe's  nose,  you 
are  to  try ;  this  is  a  matter  of  fact  for  your 
consideration  and  determination :  it  is  the  same 
ID  other  felonies,  where  the  intent  of  the  porty 
makes  the  crime.  Burglary  is  breaking  open 
sui  bouse  in  the  night  time,  with  an  intent  to 
commit  a  felony ;  though  no  felony  be  com- 
mitted, yet  if  tnere  was  an  intent  to  do  it,  it  is 
burglary ;  which  intent  is  to  be  tried  by  the 
jury.  Larceny  or  theft,  is  taking  away  ano- 
ther man's  goods,  with  an  intent  to  steal ;  if  it 
were  without  such  an  intent,  it  would  only  be  a 
trespass  aud  no  larceny ;  but  whether  it  were 
or  were  not  with  such  an  intent,  is  a  matter  of 
lact  to  be  enquired  into  and  determined  by  the 
jury.  Nay,  the  intent  is  so  necessary  in  all 
felonies,  that  a  person  who  hath  no  intent  or 
design,  as  a  ma  J  man,  lunatic,  infant,  &c. 
cannot  commit  felony  for  that  very  reason ; 
•because  he  cannot  have  any  intent  or  design  in 
his  actions.  So  that  in  this  case  you  arc  to  try 
no  other  matter  than  what  is  tried  in  other 
felonies,  viz.  the  intent  of  the  party. 

Now,  how  is  the  intent  of  the  party  dis- 
covered in  other  cases?  by  the  facts  them- 
selves, by  the  precedent,  concomitant  and  sub- 
aeqoeot  circumstances  of  the  facts,  by  the 
manner  of  doing,  and  the  like. 

There  an;  some  cases  where  nn  nnlawfiil  or 
felonions  intent  to  do  one  act,  may  be  carried 
■over  to  another  act,  done  in  prosccatton 
thereof;  aud  such  other  act  will  be  fdany,* 


•  See  Leach's  Hawkinses  PkuoftlwCmnii 
■  1,  c.  99,  111, 


because  done  in  prosecution  of  an  nnkwfal  or 
felonious  intent.     As,  if  a  OMn  shoots  at  « 
wild  fowl,  wherein  no  man  hath  any  property* 
and  by  such  shooting  hsp|>ens  unawares  .to  kill 
a  man  ;  this  homicide  is  not  felony,  but  only 
a  miitadventure  or  dianoe-medley,  bcoinsaJt 
was  an  accident  that  happened  in  the  doing  of 
a  lawful  act :    but  if  this  roan  had  shot  at  a 
tame  fowl,  wherein  another  had  property,  but 
not  with  intention  \o  steal  it,  and  by  such  abooi- 
ing  had  accidentally  killed  a  roan,  he  wouM 
then  have  been  guilty  of  manslaughter,  be- 
cause done  in  prosecution  of  an  unlaiHul  actios, 
viz.  committing  a  trespass  on  another*!  wp' 
perty  :  but  if  he  bad  had  an  intention  of  steuiiiff 
this  tame  fowl,  then  such  accidental  killinf  it 
a  man  would  have  been  murder,  becautt  Swe 
in  prosecution  of  a  fekmious  intent,  via.  as  1^   ' 
tent  to  steal.     So  a  man  of  malice  intends  la 
bum  one  boose,  in  execution  thereof  he  bappcM 
to  bum  another  house ;  tbii  is  a  maliciona  ani  t 
felonious  homing  of  this  other  house,  becauN  ' 
sprung  out  of  a  malicious  and  felonious  intent,  t 
The  like  may  be  instanced  where  poisoa  is  in*  « 
tended  to  be  given  to  one  person,  and  anolfatr   = 
takes  and  eats  it,  and  tiiereby  dies.    And  otiHr  ^ 
cases  there  are  of  the  like  nature,  where  noli  :- 
done  in  prosecution  of  felonious  intents,  psrtiei-  >: 
pate  of  the  nature  of  their  origimd  from  whsnon  ^ 
thev  spring.  ^ 

But  now  the  indictment  on  this  statute  is  Ar  ^ 
a  certain  particular  intent ;  for  purposely,  !■»•  ^ 
liciously,  and  by  lying  in  wait,  slitting  Mr.  •- 
Crispe's  nose,  with  an  intention  in  so  dotnf  In  ^ 
maim  or  disfigure :  and  you  are  to  conadv«  '  - 
whether  the  ingredients  necessary  tomakelUi  ^ 
a  felony  within  the  statute,  have  been  provndii  ^-~ 
your  satislaction.     The  facts  necessary  ta  kn 
proved  on  this  indictment  are,  tliat  on  pnrpaii^ 
and  of  malice  fore-thought,  and  by  lying  i 
wait,  they  unlawfully  slit  the  nose  i^  Hb.^ 
Crispe,  with  intention  in  so  doing  to  ma' 
disfigure.    As  to  the  fact  of  slitting  the 
that  is  directly  and  positively  sworn: 
can  be  no  doubt  but  that  it  was  an  unl 
slitting.    Then  the  next  thing  for  your 
deratiun  will  be,  whether  this  unlawful  slil 
was  on  purpose,  of  malice  fore- thought,  ^^^ 
by  lying  iu  wait?  As  to  this,  a  great  denV 
evidence  hath  been  given  ;  and  what 
before,  and  at  the  lime  of  the  fact,  will 
you  herei  n .    A  nd  i  f  on  a  review  of  the  cvii 
you  sliall  be  of  opinion,  tbat  this  unlawfiikV 
ting  of  the  nose  was  on  purpove,  of  malice 
thought,  and  by  lying  in  wait* ;  then  tla.^ 
question  will  be,  whether  this  was  an  iii%.  ^ 
to  disfigure  ?  Facts  do  in  some  mesavk 
plain  themselves ;   and  the  circumstanc- 
coding  and  accompanying  those  facts* 
manner  of  doing  them,  do  many  tina 

*  As  to  what  is  or  not  a  lying  in  v^h. 
this  stotute,  sne  inLeacb,llMCaiHC^ 
Lee^  O.  B.  inly,  1743,  of  TIm^ 
Feb.  1778,  and  of  Jobn  MUk.  ^-' 
iBftaMimTW» 


Jor  disfiguring  Edward  Crispe. 


A.  D.  1^22. 


[82' 


Mf  tx^Uun  mnA  ilecUre  the  intent  of  the  party* 
TVpTMittftef,  Mr.  Coke,  (which  tlefepce  goes 
Ml  to  bim  »ud  Womlburue)  iuihtSf  that  their 
blmliwo  mrns  in  murder,  anrl  ntit  toiuaiiiv;  and 
llbl  if  ibej  ilid  totiim  or  sht  the  nose,  it  was 
«iCb«i  mi4:nUon  lu  kill,  aoil  not  v^ith  aa  in* 
ICfttifNi  to  maim  ordts^uie.  On  the  other  side, 
it  k  miistctl  on  hy  the  kiag'ei  oouo^l,  that 
dnilfli  lb«  tiltimare  iDtention  might  he  to  mur- 
4ir,  |tf  tHrre  might  bv  aliio  an  intention  to 
.naioi  firf  disfigure  ;  and  though  the  one  did 
tikr  eifffct,  yet  the  other  might:  an  idten- 
tktl^  lltl  doiii  not  exclnde  an  inlt^ntion  to 
wd  di&fig'ure.  The  instrument  made  u&e 
ii  ikis  aiWmpt  ww  a  Inll  or  hedgiog^-hook, 
in  lis  own  nature  is  proper  for  cutting 
UN  QiMoiiDg' ;  and  where  it  doth  cut  or  maim^. 
^itA  Dec£&s&ri1y ,  and  by  consequence  disfigure, 
IWaileoipl  in  lend  ed  on  Mr.  Crispe  was  ini- 
ly  to  his  person,  to  do  him  a  personal 
B«f%tde!i«  ihe  manner  of  doing  and  per- 
this  fact  is  proper  to  be  considered  ; 
wms  d'icie  by  fiolence,  and  in  ihe  dark, 
liie  ussailani  could  not  well  make  any 
\ii  lows;    but  knocked  and  cul  on 

I     Crispe's  body,  where  he  could, 
tUUe  btfd  «^utik  him  down,  and  done  to  bim 
uliat^rer  t^Ise  he  pleased.     And  if  the  intention 
was  to  murder,  you  are  to  conisiider,  whether 
tfcr  means  made  U9e  of  in  ord^r  Vi  elTect  and 
•ocKimplisii  th&t  murder,  and  the  coDse^juences 
of  thflie  means  were  not  in  the  intention  and 
dcsi^  nf  the  party  ;    and  wlielher  every  blow 
aoii  cut,  and  the  eousequencefl  thereol,  were 
mM  isiended,  ms  well  as  the  end  for  wliich  it  in 
•IklCed  tituse  b\o^M  and  cuts  were  f^iven  ? 
All  llie»e  several  things^  which  I  have  naen- 
4re  proper  for  your  consideration  :  you 
•lid  Uiem  to  your  own  observation 5  ;   and 
tlie  wholu,  you  are  satisfied  from  the 
4  that  WoodUurne  did  on  purjiose,  and 
fliftlice  fore-thonght,  and  by  lyings  in  wait, 
folly  slit  tbeuo§e  of  Edward  Cri!<pe,  with 
inlcfliiino^  in  so  doing,  to  niatm  or  distigare ; 
•Ml  that  Arumlel  Coke  was  ielomously  present 
M  ibe  cumuiiaifrioh  of  this  fact,  and  aiding  and 
Abetting   therein  ;    then   you   will   find  them 
Gmlty  :    but  if  ibis  hatli  not  been  proved  to 
yoor  •ftlistaction,  then  you  are  to  acquit  tbem, 
mti  dud  ihem  Not  Guilty. 

rTbeii    the   Jury  withdrew    to  conKider  of 
Ib^r  verdict,  and  in  about  hatf  an  hour  (Returned 

Ci.  tif  Arr.  Gentlemen,  answer  to  your 
—Here,  (and  so  Ihe  rest,) 

CL  ^  Arr,     Gpnilemeri,  are  you  all  agreed 

I  fMir  terdict  T — Jurif,  Yes. 

&  Iff  Arr,  W bo  shall  say  for  you  P 

Jmmi^  Our  foreman. 

€L\^  Arr*    John  Wood  bo  me,  bold  up  thy 

mL  (Which  he  did.)  l^ook  upn  the  pri* 
bow  say  you  ?  Is  John  Wooilhurnc 
Goilly  of  the  felony  whereof  he  stands  indict* 
«d»  or  ^«t  Guilty  I  ^Foreman.  Guilty. 

€k  ^Arr.  Wbat  goods  or  chBttcls',  lands  or 


VOL.  XVI. 


Fart  man*  None  to  our  kn^wlalg^. 

67.  of  Arr.  Arundel  Coke  alias  Cooke,  bold 
up  thy  biind.  (Which  be  did.)  How  say  you  ? 
Is  Arundel  Coke  alias  Cm>ke  Guilty  of  the  fe^ 
lonv  whereof  be  stands  indicted,  or  Not  GuiJtyf 

Foreman,  Guilty* 

CL  of  Arr,  What  goods  or  chattels,  lands  or 
tenements  ?  » 

Foremttn.  None  to  our  knowledge. 

CL  of  Arr,  Then  hearken  to  your  verdict, 
as  the  Court  hath  reconied  it  You  say,  that 
John  Woodburne  is  Guilty  of  thefelony  where- 
of he  stands  indicted  :  you  say,  that  Arundel 
Coke  alias  Cooke  is  Guilty'  of  the  felony 
whereof  be  stands  indicted  ;  and  that  neither 
tbey,  nor  either  of  them,  bad  any  gowls  or 
chattels,  lands  or  leuetnenls  at  the  lime  of  the 
felony  commilted,  or  at  any  lime  since,  to  your 
knowletlge.     And  so  you  say  alL 

Jury^  Yes, 

Coke,  i  desire  to  know  of  your  lordship, 
whether  the  no«e  can  be  said  to  be  slit  withm 
the  meaning  of  this  statute,  when  the  edge  of 
it  was  not  cut  thru  ugh  ? 

X.  C.  J,  U  is  true,  the  edge  of  the  nose  was 
not  slit,  but  Ihe  cut  was  athwart  the  nose  ; 
w  hich  cut  separated  the  flesh  of  the  nose,  and 
cut  it  quile  through  into  the  nostril :  this  I  tak« 
to  he  a  slitting  of  the  note  *  ;  and  the  surgeon 
swore  the  nose  was  slit* 

On  Wednesday,  the  14lH  of  March,  Joba^ 
Woodburne,  Arundel  Coke  alias  Cooke^  and 
one  Ed^vard  Shorter,  who  was  convicted  of 
burglary*  were  brought  to  the  bar,  in  order  to 
receive  their  Sentence ;  and  t be  Court  pro- 
ceeded thus  : 

CLqfJrr,  John  Woodburne,  hold  up  i\\j 
hand.  '  (Which  he  did.)  Thou  hast  been  in- 
dicted of  telony^  on  the  statute,  tor  piirposelv, 
^rialicioufflv,  and  by  lyin;^  in  wuit,  slitting  tfie 
.tose  of  Edward  Crispe,  gf  nt.  with  intention  in 
so  doing  to  maim  or  disBgure  him.  Thou  hast 
l>eeQ  thereupon  arraigned,  thou  hant  fdeaded 
thereunto  Not  Guilty »  an«l  for  thy  ir»al  tboia 
hast  put  thyself  ujjon  GimI  and  thy  country  ; 
which  country  hatb  founri  thee  Gudty  ;  what 
hast  thou  to  say  for  thyself,  why  iho  Court 
should  not  proceed  to  give  judgment  of  death 
upon  thee,  and  award  execution  according  to 
the  law  ? 

To  fvhich  Woodburne  said  nolhing-. 

a.  (f  Arr.  Arnndel  Coke  alias  Cooke,  bold 
up  thy  bund.  (Which  he  did,)  Thou  bast 
been  indictetl  of  felony,  on  Ihe  statute  ;  fur  be- 
ing feloDiously  present,  aiding  and  ubettifti^ 
John  Wooilburne,  in  purposely,  maliciously, 
and  by  lying  in  wait,  slitting  the  noi»e  of  Ed* 
ward  Crtspe,  gent,  with  intention  in  so  doing-, 

*  Whether  a  transverse  cut  is  a  slit,  wo» 

much  debated  in  CarrolN  Case,  July  SeiisioDK 
at  O.  B.  1765.  See  EsM's  PIcos  ot  liie  Crown, 
chap,  7,  s.  3.  There  is  an  account  of  tins  Case 
and  of  the  prisoners  in  the  Annuat  Regbter  for 
1765,  p,  314.  8ce,  too^  in  Leacb,  Tu:knet;*i» 
Case,aB<  Ftbruary,  1778, 


8Sj 


S  GEORGE  L      Trial  of  John  Woodbume  and  Arundel  Coke,      [84 


to  maim  or  diffigure  bim.  Thou  hast  heen 
theretijiOD  arraigned,  thou  hatt  pleaded  there- 
UDto  Not  Guiltj,  and  tbrtbv  trial  thou  hast  pot 
thyself  upoQ  God  and  thv  country,  which 
country  hath  found  thee  Guilty;  what  hast 
thou  to  say  for  thyself,  why  the  Court  should 
not  proceed  to  give  judgment  of  death  upon 
thee,  and  award  execution  according  to  the  law  ? 

Coke,  Though  your  lordship  did  not  think 
it  proper  yesterday  to  assign  me  counsel,  yet  1 
hope  your  lordship  will  now  gire  me  leave  to 
speak  for  myself;  especially,  since  I  am  the 
first  unhappv  instance  oF  an  mdictmeot  on  this 
statute ;  no  mdictmeut,  as  far  as  it  appears  by 
the  law-books,  was  ever  yet  founded  on  this 
statute,  and  therefore  ought  to  be  very  well 
weighed. 

L.  C.  J.  Call  the  king's  counsel,  that  they 
may  hear  what  is  said. 

[Then  the  king's  counsel  were  sent  for,  and 
being  come :] 

X.  C.  J.  Mr.  Coke,  you  may  now  go  on  with 
what  you  have  to  offer. 

Coke.  My  lord,  1  was  saying,  that  I  am  the 
first  unhappy  instance  of  an  indictment  on  this 
statute  ;  no  indictment,  as  far  as  appears  by  the 
law-books,  was  e?er  yet  founded  on  this  sta- 
tute ;  and  therefore  it  ought  to  be  very  well 
weighed,  especially  in  the  first  instance  to 
whici)  it  appears  toliave  been  ever  applied.  It 
is  a  very  penal  statute,  and  consequently,  by 
the  known  rule  of  law,  not  to  be  carried  beyond 
the  express  letter  of  it;  consequently  no 
crime,  of  what  nature  or  magnitude  soever, 
can  fall  within  the  purview  of  it,  but  such  as  is 
identically  the  same  in  every  circumstance 
with  that  descrilied  by  the  words  of  the  statute 
itself 

The  crime  described  by  the  statute  is  the 
unlawful  cutting  out,  or  disabling  the  tongue, 
putting  out  an  eye,  slitting  the  nose,  cutting 
off  a  nose  or  lip,  or  disabling  any  limb  or  mem- 
ber, attended  with  these  particular  circum- 
itanres : 

First,  Ou  purpose  and  of  malice  fore- 
thought. 


Secondly,  By  lying  in  wait. 
Thirdly,  With  intention  in  so 


i  so  doing  to  maim 
or  disfigure,  in  any  of  the  manners  beforc- 
meuiioned  in  the  statute. 

These  circumstances  must  all  concur  to  con- 
stitute that  particular  crime  (Wscribed  by  ilie 
statute ;  and  where  any  of  them  are  wanting, 
of  what  magnitude  soever  the  oflVnce  may  lie, 
It  is  nut  the  ofi'uuce  uhich  tl)e  statute  has  spe- 
cified. 

If  the  first  circumstance  be  wanting,  no  man 
can  say  that  any  ofTf^nco,  though  attended  with 
the  two  other,  can  fall  within  the  statute;  this 
is  suljiciently  plain  of  itself. 

As  to  the  second ;  A  and  B,  of  malice  fbre- 
thought,  appoint  and  meet  to  fight  a  duel ;  A  iu 
the  j-encounter  runs  B  into  the  eye,  and  puti  it 
out ;  no  body  has  ever  imagined  this  to  be 
within  the  statute,  because  the  GircaiMiiioe  of 
tying  iu  «i  ait  it  hero  wtnling. 


As  to  the  third  ;  suppose  A  lies  in  wait  to  rob 
B,  B  resists,  and  in  the  scuffle  is  wounded,  ai 
the  statute  describes,  but  gets  off.  This  is  a 
case  which  very  frequently  happens,  yet  no 
one  ever  thougnt  it  to  be  within  the  statute, 
nor  was  any  one  ever  indicted  for  this  upon  it  i 
The  only  reason  of  which  must  be,  because  the 
intention  was  to  rob,  and  not  to  maim  and  dis- 
figure the  person. 

In  my  case,  if  it  be  taken  upon  the  evidence 
of  Mr.  Crispe,  nothing  moi-e  appears  than  the 
assault  itself:  If  my  confession  be  read,  the 
lying  in  wait,  and  the  malice  forethought  will 
lie  proved  ;  but  then  it  will  be  likewise  proved, 
that  I  had  no  other  intention  but  to  kill,  and 
had  no  other  part,  but  by  giving  order*  to 
Woodburne  for  that  purpose ;  and  my  confea* 
sion  must  be  taken  together. 

Nor  is  it  an  objection  to  say,  that  the  crioM 
which  is  proved  by  the  evidence  is  much  worn 
than  that  which  is  described  by  the  statute;  for 
if  it  is  worse,  then  it  cannot  be  the  same.  Even 
iu  cases  of  crimes  by  the  common  law,  if  opoa 
an  indictment  for  a  crime  of  inferior  nature,  the 
evidence  proves  the  fact  attended  with  circum- 
stances which  brings  it  within  the  description 
of  a  crime  of  a  superior  nature,  the  person  in- 
dicted must  be  acquitted.  At  summer  asaises 
at  Dorchester,  anno  1713,  a  woman  waa  in- 
dicted before  Mr.  Justice  Eyre,  for  the  mnrdor 
of  another  woman ;  upon  this  evidence,  it  ap- 
peared, that  the  person  murdered  was  her  m»- 
tress,  which  made  the  crime  petty -treaaon. 
Thejudge  directed  this  matter  to  be  specially 
found,  and  upon  conference  with  all  the  judm 
it  was  held,  she  ought  to  he  acquitted  upon  thia 
indictment,  as  she  accordingly  was ;  and  wai 
af\or wards  indicted  for  petty- treason,  and  con- 
victed and  executed  thereupon. 

Where  a  new  offence  has  been  created  by 
statute,  or  an  old  one  made  more  penal,  the  ut- 
most strictness  has  always  been  used  to  comply 
with  the  letter  of  the  statute,  whatever  incon- 
veniencies  might  result  from  such  a  restraint. 

As  for  example: 

Bv  the  statute  of  the39E1iz.cap.  14,  dervy 
is  taken  away  from  auy  person  or  persona  wbo 
shall  be  convicted  of  taking  any  money,  goodi 
or  chattels  out  of  any  dwelling-house,  £c.  in 
the  day  time,  to  the  value  of  5s.  One  Evun 
and  one  Finch  were  indicted  on  this  statute,  1 
Croke,  -173,  .Evans  and  Finch's  case :  Th« 
case  was  thus  upon  the  evidence,  that  Etanf 
by  a  ladder  climbed  to  the  upper  window  of  one 
Andley's  bouse,  and  took  out  thereof  40/. ;  and 
that  Finch  stood  upon  the  ladder  in  view  of 
Evans,  and  saw  Evans  in  the  chamber,  and 
was  assisting  and  helping  to  the  committing  of 
the  robbery,  and  took  part  of  the  money :  ^J^oa 
a  spt;cial  verdict  it  was  adjudged,  that  becauN 
Finch  did  not  actually  enter  the  chamber,  and 
take  the  money,  tliough  what  he  did  auiountai ' 
to  a  taking  by  construction  of  law  and  was  aui^ 
a  taking  as  made  him  a  felon ;  yet  fbto  ve 
letter  oft  all  penal  atatutea  must  lie  pursued,'  a 
tbcnibre  be,  id  eif,  Fiochi  lied  hia  cle^^i 
EvaniwnihMigcd, 


J6r  disfiguring  Edward  Criipe, 

nill^bt  he  put  of  this  kind  af 
f  is  lJ>e  <?<^n5tnTriirnj  uffietial  statutes. 

:   By  I  lie  statut*  of 

lakeii  away  from 

n'theJelu- 

tnares. — 

'  ti»  to  the 

' :  cecJ  to  he 

^  vir*  o  t.rlw*.  6,  cap- 


l^if  lllis^j 


if  lllis   11^ 
rMaiiite  Oiuul-, 


S^I»49Ml»  Ibdit  SI  (ier80ii  convicted  Ibv  feloni 
"*    <— 4y  iiflilin^  opg  horie,  i»hould  be  ousted  of  U\s 
m  Itie  «aJii<e  lunnnerfts  if  he  stole  two. 
ktm  llii^  ca-«  rnoiiL^h   to  saw  the  jury 
c  encefiow 

laJ  r  of   law, 

hi  iUm  f  tiUr(icc«  iktuu  itdiiiitied  on  all 
titu^Uctit  to  iiup|iort  ibis  intlicttnent. 
Vi  wfTV'  io  ft  civil  oi«^t  tbe  party  migbt  demur 
ti4c  rtkleficr.  But  if  he  is  not  allowed  tbat 
%lfffm  critaiaml  emacst^  it  is  upou  (he  common 
Vl^tkil  the  iud^«  are  iUt  prisoner's  couo< 
fifiiiare  ohitg^B  Io  dett;riiiii)e  alt  the  oiat- 

ifkim  ansaii^  upon  the  evidence,  qs  ranch 
ll#(bf  {lersofis  bad  dexuurreU  to  that  evi- 

liifMia  IhLi  cttse*  lUe  prisoner  adtolts  the 
fllBBT  ffi^cQ  10  be  true,  and  insisis  upon  it, 
iMgim  noi  ffuppirt  tbe  indictment;  and 
iMiiWv  liat  a  rij^il  Io  bare  the  opinion  of  tbe 
pl^  tbenni(>i>ti|  n»  mucli  as  if  the  evidence 
ilt  ilafttd  mt  It^nglh  upon  tbe  record  (us  it 
«li  he  itk  tliB  ewe  f^f  a  demurrer  to  evidence*) 
ii  MlhioiE  oxir  ^"-H  to  tbe  jury,  but 

Iflii  jii'lt^i  *  H  as  to  point  of  laiv. 

IlitllheMf  cx&i^,  theiefore,  my  lord,  ii  has 
km  anml  to  aUow  the  fact  to 'be  specially 
kii;  which  gtfei  the  prisoner  the  advantuj^e 
^  sifkt  bars  bad  by  tbe  denaurrer  of  tbe 

bi).  iir/Ay*     My  lonl^  T  do  agree  with  the 

•I  th^  bar,  that  this  is  a  very  penal 

4m]  that  these  facts  nutst  be  made  out 

M  ii'  :  Uer  of  the  act, 

i^  ifileotioti  m^  ^f  mulice  fore* 

,  10  mairn    -  :  h  a  manner 

ftmtuie  t  ^  wait  for 

,«rfaM»;   a  *.  — ..,  "•    ...  ^tiring  ac 

MHfffjr  ;  mini  an  abetting  and  hein^^  priyy  to 

^■rMa  :  Tlieae  are  all  fai'l»  which  the  jury 

«i|  omkl  dderTDtne,  vWUfr  by  poi«itive^  pre- 

cirrmiJ^lauUal   evidence,  for  no 

iBniui^lili  .  nj(  can  be  otberv'iwe 

'  f^A  h\  'US.     My  lord  chief 

laili  Mi  the  M  ikvid  evidence  of  nil  ihese 

thr  jsKV,  who  by  their  verdict  have 

icts  at  laid  in  tbe  indictment » 

yb^dy  can  now*^  open  hia  mouth : 

^rrUcaJ,   itowlbrt,  thai  nt»  matter  of 

b  ariiBO,  aait  tbat  nhai  bath  been  in- 

1 «  by  the  pntODtTi  it  beaide  bis  case, 

~   "  per* 


have 

'y;  cau 

Luke. 

that  18 

TV  ii»  at] 

yftiult 

rciuy  i»  aaiwer  ftoy 


objection*  he  shall  muke  apfainst  it,  Thai  he 
does  not  pretend  to.  What  is  now  offeped  by 
him  i«  aepainht  the  verdict,  and  contrary  to  vvhat 
\%  found  by  the  jury.  1  bet^  your  lordship's 
leave  to  fpwe  an  answer  to  the  onjeciions  he  is 
pleased  to  make  against  the  verdict,  however 
in^propci'ty  and  out  of  time  maile,  for  the  satit* 
faction  of  himself,  and  of  il«e  persons  here  pre- 
sent, I  awree  a  penal  act  shall  not  l»e  constru- 
ed by  equity*  or  carried  further  than  the  words 
or  letter  of  ilie  act,  as  the  cases  mentiont'd  by 
hioi  do  prove  ;  but  affirm,  that  this  present 
case  is  within  the  words  and  meaning  of  the 
acf :  For  though  the  ultimate  intent  of  Mr. 
Coke  might  be  to  murder  Mr.  Crispe  (ss  by  him 
is  alleged  in  excuse  for  himself)  all  the  means 
made  use  of  to  effect  that  intent  were  also  on 
purpose,  and  such  blows  could  not  be  given  by 
ao  instrument,  without  an  intent  to  maim  and 
disfigure.  They  were  given  by  one  lying  in 
wait  on  purpose ;  and  the  fact  and  manner 
of  doing  the  same  sntficienllv  prove,  and  are  a 
certain  and  necessary  indication  of  the  intent, 
The  defendants  might  have  an  intent  to  cut  off, 
or  slit  the  nose ;  put  out  lui  eye,  or  dismember; 
and  an  intent  also  to  kill  and  destroy  ;  one  in- 
tent did  take  effect,  the  other  not.  Tbe  de- 
lendaots  ought  not  to  answer  for  whal  was  not 
dune,  but  oti|{ht  to  answer  for  what  was  done, 
which  was  the  slitting  of  ^Ir.  Crisne's  nose,  on 
purpose  io  maim  and  d it; figure  bim,  by  one 
lying  iu  wait ;  which  is  all  thai  1$  required  by 
(lie  act. 

As  to  the  objecdon ;  that  if  A  and  B  go  to* 
gether  to  fight  a  duel,  if  A  slit  the  nose  of  &, 
tbis  is  not  withio  tbe  act;  the  reason  is,  be- 
cause there  is  no  lying  in  wait. 

Ab  to  the  case  of  A  lying  in  wait  to  rob  B,  t 
with  great  submission  do  say,  that  if  A  lie  in 
ivait  to  rob  B,  and  to  effect  that  purpose  with 
tbe  greater  ease,  A  on  purpose  dismeml^ers  B» 
or  put«  out  his  eyes^  or  does  any  other  tact 
prouibiied  by  the  act ;  though  A  be  hiudeied 
from  robbing  B,  he  is  within  the  act  of  narlia- 
ment;  for  tbe  intent  and  purpose  to  rob,  will 
be  no  excuse  to  one  who  shall  commit  the  facta 
proliibited  by  tbe  act* 

As  to  the  case  of  Evaos  and  Finch,  Cr.  Car, 
473,  on  39  £K  which  takes  away  ibe  clergy 
from  bim  that  enters  and  steals :  Finch  was  not 
within  the  statute,  aud  had  his  clergy  ;  for  the 
express  words  of  the  statute  take  away  the 
clergy  from  him  that  enters  the  house,  which 
Finch  did  not.  As  to  the  indictment  of  a  ter- 
vimt  for  murder,  in  kdhng  her  mistress  ;  it  it 
plain,  thai  it  is  a  crime  of  a  higher  degree  than 
murder,  it  is  an  offence  of  another  species,  it 
is  peit}' "treason  and  not  murder. 

The  same  answer  may  he  given  to  the  other 
cflies  mentioned,  wbere  the  words  of  an  act  of 
parliament  are  express.  No  case  shall  be  con- 
strued ivilbin  a  penal  act,  but  what  is  within 
ttie  words :  But  as  t4>  the  prevent  c^ise,  the 
jury  have  found  every  fact  that  the  act  of  par* 
liament  ref|uires,  that  an  uulawfut  assault  waa 
made  on  Mr.  Crispe  by  tbe  prnoners  *,  that  his 
noae  wad  slit  on  purpose  to  maiiu  and  diifiguff 


4 


87] 


8"  GEORGE  I.      Tfial  of  John  Woodbume  and  Arundel  Coke,      [88 


liini,  hy  1>'iu£[  in  wait.  And  all  these  facts  aire 
proTed  by  plain,  clear,  and  I  beliere  conviocin]; 
evidence,  to  every  person  that  beard  the  trial. 
I  am  sure  the  prisoners  can  not  complain  of  any 
hardship  done  them  ;  the  prosecution  was  car- 
rietl  on  for  the  sake  of  justice,  for  the  safety 
of  his  majesty's  subjects.  This  bein?  the  first 
instance  of  a  crime  so  heinous,  cruel,  barbarous 
ftnd  inhuman,  that  has  been  committed  since 
the  making  the  act  of  parliament,  it  is  hoped 
by  this  prosecution  a  second  will  never  be  com- 
niiitted  ;  for  which  reason,  I  pray  your  lord- 
ship's judgment  for  the  king  against  the  pri- 
soners. 

Mr.  Raby.  My  lord,  f  did  expect  at  thia 
time  I  should  have  heard,  from  this  unhappy 
{gentleman,  something  in  arrest  of  judgment : 
Something  to  shew  that  this  indictment  and 
record  now  before  your  lordship  in  judgment, 
had  been  insufficient,  and  sqcn  as  your  lord- 
ship could  not  have  proceeded  upon  to  give 
judfgment  against  the  prisoners :  1  do  not  per- 
ceive any  thing  has  been  objected  to  this  in- 
dictment or  record ;  and  therefore  since  no- 
thing appears,  or  is  objected,  they  must  be 
taken  to  be  sufficient,  and  such  as  your  lord- 
ship ought  by  law  to  give  judgment  upon 
against  the  prisoners  now  at  the  bar. 

But  this  gentleman  has  been  pleased  to  take 
•notice  of  the  act  of  pariiameut  on  which  this 
prosecution  is  founded:  He  has  also  made 
ffome  mention  of  the  facts  which  have  been 
given  in  evidence  against  him ;  and  cited  some 
cases  (as  I  apprehend)  to  shew,  that  penal  sta- 
tutes, and  criminal  acts  ^f  parliament,  ought 
not  in  construction  to  be  carried  beyond  the 
letter  and  words  of  the  act.  This  which  he 
has  offored  (as  1  take  it)  is  now  meant  to  shew 
(or  at  least  that  he  apprehends)  that  from  the 
evidence  given,  it  has  not  fully  appeared  he  is 
guilty  of^the  offence  with  which  he  stands 
char^,  within  the  strict  words  and  meaning 
of  this  act  of  parliament :  And  for  this  end  he 
has  been  pleased  to  make  some  observations 
from  the  words  of  the  statute,  what  things  he 
n|iprehcnd8  to  be  necessary  to  bring  him  with- 
in the  compass  of  this  act,  viz.  that  such  woun^ 
or  maiming,  as  is  described  by  the  statute, 
ought  to  be, 

1.  On  puqiose,  and  of  malice  fore4hought. 

2.  By  lying  in  wait. 

S.  \Vith  an  intention  to  disfigure. 

All  tliese  have  been  already  admitted  to  him  ; 
and  he  will  see  every  one  of  these  circumstances 
not  only  taken  notice  of  by  us  in  our  observa- 
tions upiin  the  evidence,  but  also  more  fully 
by  your  lordship,  before  the  jury  gave  their 
Terdict. 

But  with  what  intent  this  fact  was  done, 
whether  of  malice  fore-thought,  by  lying  in 
wait,  and  with  an  intent  to  diangure,  are 
circumstances  only  to  be  collected  t'ntm  the 
evklenceand  tlie  nets  tbemaelrea;  cfirhich 
neither  we  nor  the  court  can  datarmiBC,  but 
can  onlT  be  enqnired  of,  and 
ly  the  Jury ;  and  tbcnfbrai  jthoapii  ll 


be  a  full  answer  to  what  is  now  objected, 
to  say,  that  the  jury  have  considered  of 
tlie  evidence,  have  determined  upon  it,  and 
found  you  guilty  of  the  indictment,  with  all  those 
circumstances  which  the  prisoner  objeels  are 
necessary  to  bring  the  offence  within  the  ita- 
tute ;  though  this,  I  say,  might  be  answer; 
yet  for  the  justice  of  this  prooeedinf ,  and  te 
satisfy  the  prisoner  in  his  own  olgectiona,  jov 
lordship  will  permit  me  to  take  notice  or  tiM 
cases  cited,  and  also  to  recollect  the  evidcMi^ 
so  far  as  the  prisoner  hath  made  it  mil— j 
to  repeat  it. 

I  confess  it  is  with  concern  I  mentioa  it 
again;  for  I  would  not  do  any  tbimrwhieli 
mi^t  add  to  the  weight  of  those  afflifltfena 
which  this  unhappy  p^tleroau  ia  under,  kmi 
not  he  himself  made  it  necessary  to  take  te- 
ther notice  of  it. 

As  to  the  cases  cited,  only  two  of  tlMB 
which  he  mentions  are  cited  to  be  adjndoad  % 
that  at  Dorchester  by  Mr.  Justice  Byre,  thala 
woman  was  indicted  for  murder,  and  upon  eti^ 
deuce  it  appeared  to  be  a  different  offence,  via; 


petit  treason,  for  she  had  killed  her  miitmi  | 
and  that  thereupon  Mr.  Justice  Eyre  cauaejl 
her  to  be  indicted  for  petit- treaaon,  and  she  wae 
convicted.  Certainly,  my  lord,  that  jodgmeal 
was  right,  and  very  just';  for  when  it  apneaiad 
upon  evidence  that  she  was  guilty  of  a  oiiliBlt 
and  different  offence  than  that  of  which  abertwi 
indicted,  could  any  thing  be  mora  just,  tba»ti 
cause  her  to  be  indicted  for  that  offence,  ofwMdb 
upon  the  nature  of  the  evidence,  ahe  anneaMl 
to  be  guilty  ?  The  second  case  cited  or  Ifiaaa 
and  Finch  (which  is  reported  in  Cro.  Cw.)  b 
no  more  than  this :   Evans  went  up  a  ladfMr» 


opened  a  chamber  window  in  the  Temple,^ 
in  and  robbed  the  chamber  in  the  day  tiaa ;  ' 
Finch  held  the  ladder,  and  stood  at  the  foot  of  ^ 
it  when  Evans  entered  :   Evans  was  bangiaiy  ' 
Finch  had  his  clergy,  and  was  only  homi  ia  ' 
the  hand ;  and  with  great  reason':  For  the  ilB^  [ 
tute,  S9  Eliz.  which  takes  away  clergy,  talua  ' 
the  clergy  only  from  him  that  enters;    aai 
therefore  to  have  taken  the  clergy  from  Fiaoht 
who  did  not  enter,  had  been  unjust  and  nn-  ' 
reasonable.      And  as  to  what  is  mentioned  of 
tbc  sUtute  S  &  S  Edw.  6,  cap.  SS,  made  il 
explanation  of  the  statute  which  took  dcffj 
from  him  who  stole  horses,  and  to  take  dcin 
from  him  who  stole  only  one  horse,  tberoM ' 
such  an  act  of  pariiameut ;    but  this  act  Mi  ' 
the  cases  cited,  only  shew  that  regard  hai  al*  " 
ways  been  had,  not  to  extend  penal  ati ' 
beyond  the  worda  of  them.     But  before 
cases  were  mentioned  (snd  indeed  had  thOT* 
never  been  cited)  this  rule  of  constmetioo  hm' 
been  alk>wed  to  the  prisoner ;    for  all  the  pw* 
ticulars  now  insisted  on  by  the  prisoner  we 
before  taken  notice  of  by  the  Cotut,  aadrMl 
stancea   necessary  to  make  cat  the  ofr 
against  the  priaooer:  Norhaaoneof 


J6r  duftgurifig  Edvonrd  Crispe. 


^We  ta  Uie  name  (>urfi(M«,  ami  not 
I  AtJjiMl|fcJ  ;  and  tberetore  I  oeed 
Ml  ukf  fori hrr  itolk4>  o I  i hr rn ,  Bui  cert ai n I y 
ptAlierefici!*  c«ti  W  dmwn  from  ilie  va«:P3  dt<?(j| 

#  Mijr  lli«r  li(ft«i  colmir  to  &jiy,  tliose  cases 
^#»K*iliMl  lh#  firismier  is  ttot  ;;Miitiy  of  the 
liaa  if  «Uitdi  chared  wub»  aud  of  wliicb 
kiacoKnet^. 

I  99  «Qrrjf  be  bus  gliren  tbia  occasion  to 
laiTAJO  tiie  fact  which  bas  been  proT^il, 
iboice  ti  a(t|>eai'«  Ibat  the  jury  bave 
lafOiMrttal  ao«l  just  vpnlict* 
t:f9B*«tW  forgot,  that  this  Vfns  coosulted 
■f  Mi^iriitili  d  fur  three  years  and  more  be* 
i»iv«i|>Ml  tit  rxecutioo;  and  tberetbre  it 
inly  piirpoaed  a»d  of  malice  fore- 
aiaa  tbiu  il  was  by  lyin^^  m  wait. 
CrhIt  ibis  ttnhftppy  gtntteman  cannot  have 
lif«  tW  iigiiAl  M  [jra?e :  and  to  what  pur- 

n««  tli9l  vifciialf  it  none  was  id  waiting  to 
«r  AwS  llmt  tbia  was  witb  an  intent  to 
4^f«pc,  musi  be  submitteti  upon  ihe  fact  and 
^  cTidH»cv.  A  man  usea  a  weapon  fit  to 
IM*  awl  %n  iliafi|^re,  be  cuta  another  oo  the 
fgt  aiifl  lioea  dkfigure  bim^  iha]l  he  afler- 
^pibir  at  Uti«:rty  fo  aay,  il  was  not  bis  in- 
^li»to  ili)f      How  daiigvroua  that  would  be, 

#  ^Bni»  in  nrrry  one ;  tbia  act  would  then 
kaMtiy  rinded^  if  it  aboutd  be  sufHciont,  if  it 
4tM  armil  an  oflVnder,  i*bo  btis  maimed  and 
4%mil  aiMitlier,  to  flay,  Prove  that  i  iotetid* 
lit:  It  vrotild  be  easy  then  to  be  out  of  the 
^nk  of  lliis  act  nf  parbament ;  indeed  if  tbat 

J  mmm  would  be  williin  it,  it  would  he 
mf  wrp&mi  of  tbift  law.     It  h  objected^  liis 
i  visa  fo  ktU  :  be  thai  intends  the  end,  cer- 
y  iittrfiils    ibe    roeana*    especially    those 
ai  wUicb  he   titet ;    and  the  inean^  used 
rcailao^  Mr*  Cnape  on  the  face,  and  dis- 
l^taim  I  ind  the  weapon  in  suctt,  th:it  by 
I  oo  th«  face  witb  tbat  weapon,  could 
»W  diipode4  or  ex|)ected  :  And  if  the  intent 
a|»|i#ftr  from  tbia  fact,  sure  it  never 
I  aoy  :  tbc  intent  of  a  man^s  mind  can- 
hut  from  the  act  which  proceeds 
I  hm  AtiHf  * 
hm  ma^t  thts  ia  the  firit  indictment  on  this 
I  htli«ve  there  hatb  not  been  many  ; 
ia  ihM  ia  an  nCimse  ao  barbarous^  that  I  must 
|il  m  iiioh  ••  aeldom  happens,  and  tbat 
al  hiwi  of  oar  country,  there  was 
t  provided  ecjual  to  this  often ce : 
,  (aa  Ihe  laws  of  most  nations  also 
a^AitiMi  tt(Ti'tu^f>n  ^bich  most  fre- 
lif  hm|f|Mro  ks  an  attempt  so  bar- 

iltai  it    •  <'  ima|ri"<'(l  imy  man 

1 1«  ao  Ivaar  und  wicked  as  to  attempt  any 
f  li»  it,  Bolil  )t  happ«fied  ii»  the  cnne  o1  str 
I  C^foitry  ;  and  then  such  an  abhorrence 
^mm  by  ibr  purbHrnrnt,  that  tbi^  law 
wmdr  8  rui  lo  prevent  the  like 

ftmi  r  It  the  like  od^nc-c, 

»j«*«i>t7  in  t*»ve  the  liJte  puniiihment. 
a,  but  pRiy  your  lordship's 


'  ^"^^  iH"  abterTatioiia  made  at 


ilie  bar  t»eiQ]^  aAer  a  rerdid,  and  therefore  otii 
of  time,  i  ahall  not  trouble  your  lord:$bip  with 
a  rei»etiiioo  of  the  facti  tbat  have  been  proved  ^ 
lurtiter  tbati  the  pHsoner  has  made  it  neces« 
sstary  for  me  to  tneotion  aomc  particulan,  in  or^ 
der  to  make  the  answers  to  what  be  bath  in* 
sifisted  on  the  more  clear  and  plain* 

I  believe  it  has  been  truly  said  by  the  pri- 
soner, tbat  the  present  proseculioD  is  the  firct 
instance  oiany  proceedir^g-  on  this  statute,  and 
I  hope  it  will  be  the  last ;  because  il  is  to  be 
ho|ie<l  there  net cr  will  be  found  any  other  per- 
son so  wicked,  as  to  gire  occasion  for  a  proae^ 
cutioQ  on  ilm  statute. 

1  beliere  likewise,  that  the  Irae  design  of 
making  this  statute  waa  to  sabject  persons  to 
deatb,  who  intended  to  maim  only,  where  the 
maiming  was  in  such  manner  as  is  mentioned 
in  the  statute  ;  but  I  cannot  tbiuk  that  it  does 
from  thence  follow,  that  a  person  who  intenda 
to  murder,  and  only  maims,  is  not  within  tint 
statute;  for  though  it  bbould  be  taken  that 
there  was  an  intention  to  murder,  ^e\  from  the 
fact  done,  from  the  manner  of  doing  it,  and 
from  the  weapon  made  uic  of,  it  seeiiis  appa- 
rent that  the  prisoner  intended  to  maim  ;  and 
the  jury  have  now  found  that  he  did  so  intend 

As  to  the  cnnes  »hicb  the  prisoner  has  cited^ 
J  beg  leave  lo  consider  each  of  thi  m,  and  offer 
such  ansv«ers  to  tbem  as  now  occur 

The  first  case  he  boa  been  pleased  to  cita,  ia 
thus  put : 

A  and  B,  of  malice  fore*thouglit,  appoint  ta 
meet  and  (ight  a  tluel^  A  in  the  reurouoter  runs 
B  into  the  eye,  and  nuts  it  out :  iht*  prii%oner 
says,  such  a  case  would  not  be  within  this  sta- 
tute. 

i  agree  it  would  not,  because  this  case  baa 
not  the  circumstances  i%hic1i  ibe  statute  re- 
quires; for  ill  the  case  thusi  put  ibere  i?i  no  ly- 
ing in  wait,  which  is  a  circumstance  required 
by  Ihe  statute. 

J I  is  said,  that  if  A  lies  in  wail  lo  rob  B,  B  re- 
sists, and  in  the  scutQe  is  maimiHl  in  the  man- 
ner described  by  the  statute,  tbat  such  maim^ 
ing  woulil  not  oe  punishable  by  tbiii  sutute ; 
but  1  do  not  observe  any  case  is  cited  It)  prove 
this  assertion :  and  I  an,  witb  submission  lo 
your  lordship,  inchned  lo  think,  tbat  if  there 
are  a  lying  lu  wail,  with  malice  fore-thougbl, 
with  intepi  to  rob,  and  in  proset:utuig  ibis  in- 
tent the  robbers  should  asiiuult  and  muim  in  the 
manner  described  by  the  stanit«\  that  such 
maiming  would  be  %tithut  tliis  statute. 

It  IS  said,  that  though  the  intent  lo  murder 
makes  the  oAenc^  worse  Ibati  if  the  intent  had 
been  only  to  maim,  yet  such  intent  proves  tt 
not  bo  be  the  same  otfeoce  which  is  meotianed 
to  the  statute:  and  if  a  uian  btt  indicted  of  an 
offence  of  an  inferior  nature,  and  ujnm  the  evi- 
dence it  ap|»ear8  tbat  be  is  guilty  «f  *«  offence 
of  a  superior  nature,  tlie  person  indicted  mast 
he  acquit  fed  ;  and  to  prove  this,  a  case  is  cited, 
ivhich  is  said  to  have  beeti  before  Mr.  Jiittioe 
Eyre,  at  Uorchealer  AAsise^.  The  caae,  aa 
put,  is  this  t  A  wouian  is  indicted  for  Ihe  mur- 
der of  another  woman  ;  oa  Ihe  evidence  it  ap- 


4 


91] 


S  6EOROE  I.       Trial  of  John  IVoodburne  and  Atundel  Coke. 


geared,  that  the  penOD  murdered  wu  her  mis- 
Iresf,  which  mue  the  crime  petty  treason: 
this  was  found  specially,  and  upon  conference 
with  the  judges,  they  were  of  opinion,  that  the 
woman  ought  to  be  acquitted  upon  this  indicts 
ment. 

Admitting  this  case  to  hare  been  adjudged, 
I  apprehend  it  does  not  aflRect  the  present  case. 

The  law  has  distinguished  crimes  under 
different  denominations;  and  as  offences  are 
ranked  under  different  species,  so  the  indict- 
ment must  be  suited  to  that  sort  of  crime 
whereof  the  party  is  guilty;  and  therefore 
proving  a  person  guilty  of  a  tact,  known  in  the 
law  by  the  name  of  petty-treason,  does  not 
protre  him  jguilty  of  an  indictment  for  murder ; 
murder  bemg  an  offence  which  the  law  has 
distinguisbed  from  petty-treason,  and  to  which 
it  has  assigned  a  different  punishment. 

But  in  the  present  ease,  that  oflence  which 
is  chai|^  in  the  indictment,  is  proved  in 
every  circumstance,  and  the  facts  proved  do 
constitute  that  crime  which  is  made  felony 
without  clergy  by  the  statute.  The  statute  re- 
quires lying  in  wait,  it  requires  malice  fore- 
thought, it  requires  slitting  the  nose,  &c.  with 
intent  to  maim,  &c.  The  indictment  charges 
these  (acts,  the  witnesses  have  proved  these 
facts  to  the  satisfaction  of  a  jury,  which  have 
found  the  defendant  guilty  of  the  charee  as 
laid.  a      ^  6 

The  prisoner  says  farther,  that  this  is  a  very 
penal  statute,  and  that  penal  statutes  are  always 
taken  with  the  utmost  strictness  ;  and  to  prove 
this,  cites  a  case  adjudged  on  the  statute  39 
Eliz.  by  which  statute  elergy  is  taken  away 
from  any  person  or  persons,  who  shall  l)e  con- 
victed of  taking  away  monev,  &c.  in  any 
dwelling-house,  &c.  iu  the  day-time,  to  the 
value  of  5s. :  and  to  prove  the  same  mata-r, 
an  instance  is  likewise  put  of  the  constnictiau 
ou  the  statute,  1  £liz.  cap.  12,  which  takes 
away  clergy  from  such  persons  as  shall  be  con- 
vict of  feloniously  stealing  horses,  &c.  The 
case  in  the  statute  39  Eliz.  is  the  case  ol'  Evans 
and  Finch,  Cro.  Car.  473,  in  which  case 
Finch  had  his  clergy,  Itecause  he  did  not  ac- 
tually enter  the  chamber  and  take  the  money. 
The  construction  on  Kdw.  6,  was,  that  clergy 
was  not  taken  away  from  a  person  who  felo- 
niously stole  one  horse. 

But  I  appiehend  neither  of  these  cases  come 
up  to  the  case  now  before  your  lordship.  As 
to  the  case  of  Evans  and  Finch,  which  was  a 
case  upon  the  sUtulc  39  Eliz.  By  that  sta- 
tute a  person  is  ousted  of  clergy  who  takes 
away  money  to  the  value  of  5«.  in  any  dwell- 
ing-houSe,  &c.  Finch  did  not  enter  into  the 
house,  for  he  only  stood  on  the  ladder ;  and 
therefore  he  was  not  within  the  words  of  that 
statute,  which  spoke  only  of  persons  who  look 
away  goods  in  an  honse,  &c. 

As  to  the  construction  upon  the  atatiite 
1  Edw.  a,  it  is  plain  that  the  folonioos  tlMling 
one  horse  oould  not  be  within  an  aet  of  jpar- 
it,  whwh  took  awaydeigT  otfly  mm 
peraoDS  as  MoDiottsly  nolo  hoiMib   VM 


reason,  therefore,  of  these  caaea  waa»  t! 
facts  proved  did  not  bring  the  persons  a 
within  the  words  of  the  statute. 

But  it  is  not  so  in  the  case  now  befor 
lordship ;  for  the  prrisoner  is  found  guilt 
fact,  which  is  within  the  words  of  the  i 
upon  which  he  is  indicted ;  and  every  c 
stance  required  to  make  him  guilty  ' 
felony  mentioned  in  the  statute  has  beei 
fully  proved. 

My  lord,  I  am  very  sensible  that  the 
tions  taken  at  the  bar  being  after  Terdi< 
not  require  these  particular  answers;  b 
being  a  case  wherein  life  is  concerned, 
the  impropriety  will  be  excused. 

L,  C.  /.  I  do  agree  vrith  the  prisom 
this  is  a  penal  law,  and  not  to  be  extent! 
equity :  that  he  that  is  guilt v  witliin  tl 
tnte,  must  be  guilty  of  all  the  circumi 
within  it;  and  if  any  one  of  the  circums 
prescribed  by  the  statute  be  wanting,  hi 
guilty.  Aui  therefore  in  all^  those  cas 
"y  you*  if  any  one  of  the  circurastano 
scribed  by  the  statute  be  wanting  in  ai 
of  them,  such  case  is  out  of  the  statute 
whether  all  the  circumstances  required  I 
statute  did  not  concur  in  your  case, 
matter  of  fact,  which  the  jury,  who  m 
proper  judges,  have  tried ;  and  on  suci 
they  have  found  them  all  to  concur.  Yoi 
to  argue  upon  a  supposition  of  this  fact 
otherwise  than  the  jury  have  found  it 
jury  have  found  you  gudty  of  all  the  ci 
stances  within  the  statute.  There  vi 
matter  of  law  iu  this  case,  but  matter  of 
whether  on  purpose,  and  of  malice  fore-th 
and  by  lying  in  wait,  the  nose  of  Mr.  i 
was  not  slit,  with  intention,  in  so  doi 
maim  or  disfigure?  And  whether  you 
not  feloniously  present,  aiding  and  abe 
I'he  jury  had  the  whole  evidence  before 
they  considered  of  the  whole  matter, 
preparation  and  lying  in  wait  to  do  tb 
of  the  fact  itself,  of  the  means  and  iostr 
made  use  of  to  do  it ;  of  the  manner  of 
it,  and  of  all  tlie  other  circumstances  am 
ticulars  relating  to  the  fact :  and  on  the  ' 
after  they  had  withdrawn,  and  com 
amongst  themselves  for  some  time,  the; 
found  yon  guilty  within  the  terms  and  ci 
stances  of  the  statute  ;  so  that  though  i 
cases  put  by  you  should  be  very  good  la* 
they  00  not  any  wise  affect  yours,  becau 
are  actually  found  guilty  of  the  crime 
have  you  therefore  any  thing  to  say  a 
the  indictment  itself? 

Coke.  No,  my  lord ;  I  hope  I  has 
glimpse  more  from  the  king's  most  gi 
pardon,  that  was  published  in  the  Gaset^ 

L,  C.  J.  If  you  offer  any  pardoo  by 
parliament,  or  under  the  gieat  seal, 
take  notice  of  it,  and  allow  it  to  yoia 
yoo  flBcan  only  a  promiw  of  a  paidoa 
Oaseltey  or  other  public  adrartiiMaw 

^•pplylbrtinliDaiiotbcrplaflOi  t 


Drial  efChmtopher  Lmfer. 


A.  B,  1791: 


[M 


\  I  aball  haf«  the  beneAt  ^ 
iproausad ;  and  that  hit  imh 
moioHriy  pleated  to  fpmoX  itne. 
r  joa  iMvea  right  to  it,  yoa  need 
tfM  wittteTeh:  hb  majettyit 
hie  wiU  make  ^[otd  wbalaoefer  he 
4  ;  but  Ibr  thit,  jronr  applicatioB 
ediirtely  m  hit  majettv. 
If  of  your  hmlthlp  that  you  will 
,  that  1  may  not  be  hurriM  oat  of 
mtlv. 
ilMlf  ctnaider  of  it,  and  gire  yoa 

^krr.  Cffy«r,  make  an  O  Yet. 
wt  aoTereign  lord  the  king  doth 
ft  and  command  all  manner  of 
me^  -tikBee,  whilst  jndgnient  is 
Ihe  pffinuuera  convicted,  upon  pain 


r«a  Uwt  are  the  prisoners  at  the 
t  been  indicted  and  conricted  of 
id  hcuioat  oflencet;  I  am  reiy 
•  hmve  been  the  ooeation  of  bring- 
Hto  imfiMtunate  ends,  and  that 
I  idanrboly  neceasity  on  me  to 
bn  WBtoice  of  death  upon  yoa : 
HWo  Ike  jury  hare  foiind  yoo 
y  tlie  tew  yoa  hare  forfeited  yonr 

lard,  I  am  athamed  of  myaelf ; 
|Ht  to  appear  at  thit  time  m  this 
9  1  kavc   appeared  in   another 

■ore,  Mr.  Coke,  yoa  ought 

on  year  past  life:    yoa 

Mt  yoa  hare  been  a  great 

had  malice  in  your  heart 

eeman  abore  three  years. 
my  lord,  I  know  nothing  of  it. 
Pmm  hath  sworn,  that  three  years, 
am  and  a  half  ago,  you  sent  to 
■Based  to  him  the  knockiDg  Mr. 

hitad. 


itotkat 


Vial  of  Chuistopher  Later,  esq.  at  the  Kiug's-Bencb, 
Treason,*  Nov.  21 :  9  Georoe  I.  a.  d.  1722. 


Cikf.  1  dodedare  ft;  iiiyleM,-at  I  ikJk 
aatwcr  it  at  the  grebt day,  I  never^apokata 
Ifoon  about  any  tocb  thii^. 

X»  C.  J.  Suppotbg  what  Moon  had  taid-'to 
be  too  much,  yet  the  Crimea  yon  own  aad 
cannot  deny  are  exceeding  hcanoat.  Yoa  own 
that  you  inrlted  yonr  brother  to  top  at  yoar 
honse,  on  porpote  that  yoa  ought  hate  an  op* 
portnnity  of  mardering  him.  This  k  tooh.^ 
criaie at shockt human natara;  thebaraman* 
tinning  of  It  it  ftightftil  and  terrible.  Tba 
deeper  therefore  your  crime  it,  the  deeper 
yonr  renentaaoe  oimt  to  be.  Too  hata Jiaad 
to  huaUrfc  younelfet  belbra  AUoighty.God, 
Betidet  tiie  jodgment  ofihalaw,  theialtalta 
hit  jadgoieot-anit,  belbra  whidi  .yoo. 
likewite  appear:  there  all  thingt  ar^ 
and  bare,  without  coloar  or  disgoipe;  .  _^^ 
man  must  there  appear,  and  raodve  aceoidiag 
to  the  truth  of  hit  actioBt,  at  ^biq  were,  good 
or  bad.  How  far  It  may  pfeata  Qod  toaztand 
hit  mercy  to  yon,  I  know  not ;  ha  it  infioita 
in  mercy  aa  well  at  in  atery  other  nerfintioo: 
and  tilit  we  are  mire,  that  ha  nerer  otoiet  it  ti» 
any  who  are  prepared  to  receive  it  Badmi" 
TOUT  therefire  to  reconcile  yonrtdvet  to  \ua^%. 
improve  with  dil^peoca  tba  little  tunathaion^. 
be  allotted  yon :  tend  fbr  prpper  persom  who 
may  advite  and  aasist  jfou :  ibr  at  to  th^  ju4g* 
meat  of  the  tew  whicb  It  to  be  now  ] 
npon  yoo  all,  it  u  thit : 

<  ThiA  yoo,  and  each  of  you,  go  from  heoca 

<  to  the  place  from  whence  yoa  came^  and  ftom 

<  thence  to  the  plaiee  df  ezecotion,  wlmre  yoo 
*  thall  be  teverally  hanged  bjr  the  neck  till 

<  yon  be  teverally  and  reipectively  dead  ;  and 

<  the  Lord  have  mercy  apon  yoursonlt.* 

Then  the  keeper  carried  awajr  the  pritonert 
to  the  gaol  to  be  reterved  till  their  execution. 
And  on  Saturday  the  Slst  of  March,  1799, 
they  were  executed  at  Bury  St.  Edmond't. 


tiie  8lBt  of  October,  Ghristo- 

bronglit  to  the  bar  of  the 

ich  at  Westoi'iDster,  upon 

directed  to  the  lieuteoant  of 

I,  io  order  to  be  arraigned 

Ibr  High-Treason  in  com- 

the  death  of  the  king, 

jury  for  the  countv  of 

eommissioners  of  Oyer 

"  lord,  we  pray  the  return 
May  be  read. 

flf  the  Crown,  reads 
'Hlilrtis,  by  which  it 


appeared  that  the  prisoner  was  committed  to 
the  Tower  for  high-treason. 

Sen.  Pengelfy,  We  pray  that  the  return 
may  be  filed. 

L  C.  J.  (Sir  John  Pratt.)    Let  it  be  filed; 

Serj.  Pengelfy.  My  lord,  there  is  an  indict- 
ment of  hi^  treason  found  in  the  countv  of 
Essex  against  Mr.  Christopher  Layer,  which 
hath  been  removed  into  this  court  by  Cer- 
tiorari ;  the  Certiorari,  and  the  return  thereof 
hath  been  filed,  and  the  prisoner  is  now  brought 
into  court  in  order  to  be  arraigned. 

L.  C.  J.  Read  the  indictment. 

Ct,  of  the  Cr.  Christopher  Layer,  hold  up 
your  hand. 

"  You  stand  indicted  by  the  name  of  Chris- 
topher Layer,  late  of  the  pariah  of  St.  Andrew*s 


05] 


0  GEORGE  L 


Holborn,  in  tbe  eountj  of  Middlesex,  €tq.  for 
that  you  beings  m  subject  of  our  most  serene 
lord  George,  low  king  of  Great  Britain, 
France  and  Ireland,  defender  of  tbe  faitb,  &c. 
not  having  the  fear  of  God  in  your  heart,  nor 
weighing  the  duty  of  your  allegiance,  but  being 
moved  and  seduced  by  the  instigation  of  the 
devil,  as  a  false  traitor  against  our  said  lord  the 
king,  your  supreme,  true,  lawful,  and  un- 
doubted lord;  withdrawing  that  cordial  love, 
and  true  and  due  obedience,  fidelity,  and  alle- 
giance, which  every  subject  of  our  said  lord  tbe 
king  towards  him  should,  and  of  right  ought  to 
bear ;  and  designing,  and  with  all  your  might 
traitorously  intending  the  government  of  Uiis 
kingdom,  under  our  said  lord  the  king  duly 
and  happily  established,  to  change,  alter,  and 
stibvert ;  and  our  said  lord  the  king  of  and  from 
tbe  title,  honour,  royal  estate,  empire  and  go- 
Temment  uf  ibis  kingdom  to  depose  and  de- 
prive ;  and  our  said  lord  the  king  to  death  and 
final  destruction  to  brin^  and  draw ;  and  the 
person  during  the  life  ot  the  late  kin^  James 
the  second,  pretended  to  be  prince  ot  Wales ; 
mod  after  tUe  decease  of  the  said  late  king,  pre- 
tending to  be,  and  taking  upon  himself  the  stile 
mod  tide  of  king  of  England,  by  the  name  of 
James  the  Srd,  to  tbe  crown,  royal  state  and 
dignity  of  king  of  this  kingdom,  and  to  the 
empire,  government  and  possession  of  the 
same,  to  exalt  and  bring,  the  25tb  day  of  Au- 
gust, in  tbe  ninib  year  of  tbe  reign  of  our  said 
sovereign  lord  the  king  that  now  is ;  and  at 
divers  other  days  and  times,  as  well  before  as 
after,  at  Laytonstone  in  the  said  county  of 
Essex,  falsely,  maliciously,  devilishly,  and 
traitorously  did  compass,  imagine,  and  mtend, 
our  said  lord  the  king,  your  supreme,  true, 
lawful,  and  undoubted  lord,  of  aud  from  the 
title,  honour,  royal  estate,  empire  aud  govern- 
ment of  this  kingflom  to  depose  and  deprive; 
and  our  said  lord  the  kinp^  to  death  and  final 
destruction  to  put  and  bnng.  And  that  you 
the  said  Christopher  Layer,  to  accomplish  and 
jbring  about  your  said  treason,  and  devilish  aud 
traitorous  intents  and  purposes,  did,  with  divers 
other  false  traitors  to  the  jurors  unknown,  on 
tbe  said  25th  day  of  August,  in  the  said  ninth 
year  of  the  reign  of  our  said  lord  the  king,  and 
at  divers  other  days  and  times,  as  well  before 
as  after,  at  Laytonstone  atbresaid,  in  the  said 
county  of  Essex,  by  force  and  anatj,  ike, 
falsely,  maliciously,  dfevilishly,  and  traitorously 
did  meet,  propose,  consult,  conspire,  consent 
and  agree,  to  move,  raise,  and  levy  insurr*  ciion, 
rebellion,  and  war,  within  this  kingdom  against 
our  said  lord  the  king,  for  the  traitorous  pur- 
poses aforesaid.  And  that  you  the  said  Chris- 
topher Layer,  for  tbe  more  effectual  complet- 
ing and  perfecting  the  said  treason  and  trai- 
torous intentions  and  purposes,  on  tlie  said  35th 
day  of  August,  in  the  nmth  year  aforesaid,  at 
Laytonstone  aforesaid,  in  tbe  said  county  of 
Essex,  by  force  and  arms,  &c.  maliciously  and 
traitorously  did  publish  a  certain  maUciouSi  se- 
ditions, and  traitorous  writing,  cootaioioff  and 
parportiog  (aaMQ|it  oikcr  iknpl  aaedrnta- 


Trial  of  ChristojAer  Layer, 

tion,  incitement,  and  promises  of  rewan 
faithful  subjects  of  our  said  lord  tho  k 
persuade,  move  and  excite,  to  take  up 
aud  to  levy  and  make  war  within  this  i 
against  our  said  sovereign  lord  tbe  kii 
the  traitorous  purposes  and  intentions 
said.  And  that  you  tlie  said  Christ 
Layer,  for  tbe  more  effectual  ooropletii 
[>enecting  the  said  treason  and  traitorous 
tions  and  purposes,  with  other  false  trait 
the  jurors  unknown,  on  the  said  25tb  > 
August,  in  the  ninth  year  albresaid,  i 
divers  other  days  and  times,  as  well  beft 
after,  at  Laytonstone  aforesaid,  in  thi 
county  of  E^sex  by  force  and  arms 
falsely,  maliciously,  devilishly,  and  traito 
did  meet,  propose,  consult,  conspire,  cc 
and  agree,  by  an  armed  force,  and  by  » 
to  be  raised  and  got  ready  for  the  traitnroi 
poses  aforesaid ;  tbe  saiu  person,  during*  t 
of  tbe  said  late  king  James  the  second,  prei 
to  be  prince  of  Wales,  and  since  the  decc 
tbe  said  late  king,  pretending  to  be,  and  i 
upon  himself  tbe  stile  and  title  of  king  ot 
land,  by  the  name  of  James  the  3rd,  ' 
crown,  royal  estate,  and  dignity  of  king 
kingdom,  and  to  the  empire,  governmen 
possession  of  tbe  same  to  exalt  and  brini 
that  you  the  said  Christopher  Layer,  fc 
more  effectual  completing  and  perfectii 
said  treason,  and  traitorous  intentions  and 
poses  albresaid,  on  the  said  25th  day  o 
gust,  in  tbe  ninth  year  aforesaid,  and  at 
other  days  and  times,  as  well  before  as  al 
Laytonstone  aforesaid,  in  the  said  cou 
Essex,  by  force  and  arms,  dkc.  malicious! 
traitorously  did  get  ready,  raise,  and  reti 
veral  men,  to  the  jurors  unknown,  to  tal 
anns,  and  to  levy  and  wage  war  withii 
kingdom,  against  our  said  sovereign  lo 
king,  for  the  traitorous  pur|)oses  aforesaic 
that  you  the  said  Christopher  Layer,  f 
more  effectual  completing  and  perfectio 
said  treason,  aud  traitorous  intentions  aui 
[wses  aforesaid,  on  the  said  25th  day  o 
gust,  in  the  ninth  year  aforesaid,  aud  at 
other  days  and  tiuMs,  as  well  before  as  af 
liSytonstone  aforesaid,  in  the  said  cou 
Essex,  with  other  false  traitors,  to  the  . 
unknown,  by  force  and  arms,  &cc.  malici 
devilishly,  and  traitorously  did  meet,  pr 
consult,  conspire,  consent  and  agree,  the  i 
person  of  our  now  sovereign  lurd  king  G 
for  the  traitorous  purposes  aforesaid  most 
ediy  to  take,  seize,  imprison,  and  detain  i 
to«ly  against  the  duty  of  your  allegiance,  a 
the  peace  of  our  said  sovereign  lord  the 
his  crown  and  dignity,  and  against  the  f«: 
the  statute  in  that  case  made  and  provide 

Prisoner,  If  your  lordship  \«yi  please 
dulife  me ; 

My  lord,  I  am  broucfbt  here  in  chain* 
ters  and  in  chains.  JMy  lord,  I  have  bo* 
more  like  an  Algerine  captive  than  a  fir* 
Englishman :  I  have  beea  dragged  * 
the  streets  by  tbe  hands  of  gaolers,  *■ 
beea  nudii  a  al^eir  uhI  «  ■peOade  qC 


^ar  tUgh  Trt&son. 


A.D.  1722. 


[98 


'^t  af  justice  f>cfore  your 
titnewtU  eotue  wlieu  1 
4iilii«  n   i^LifJi'l         >      '    1 1  ::)|,  an<l  not  be  I 
M^  t  BMnifice  to  I  uiJ  lury  of  aoy 

■i^.vr  tlie  neciiwity  ot  tuti  times.  My  Iciru, 
IWt  >^  isttl  (hi»,  but  I  have  been  ittsulte<i 
acp  I  cmJDf  ''-•^'  •'  r-  hall  i  a  gentleman  came 
you  rnit>»i  die,  or  tlie  plot 
La. ,  ,-^.  L4,  lUia  is  uso^e  itisufferable 
naiioti ;  nnd  I  think  1  can  lay 
tny  Ueartf  and  say,  1  bave  dooe 
j^iast  in  J  con£»cieDce. 
%K\.  PgMMeliy.  If  i^lr.  Layer  liatb  any  ob- 
i  i«  uir  mdirttwent  he  may  make  ihem, 
'  1  iKiC  1^  on  in  thtH  nianiier. 

My  l^f*U  I  hfjpe  (si  I  all  have  these 
^Mi  cakm  on,  tb&t  1  may  have  the  free  ii»e 

^ikM    fT^KIO   ur:    '  lilior    whlch    Gt>(J 

liAgttro  iti«r.  II  me  thestran- 

fantoUlial  de;;rt;f  tiial  J!i  vti  y  paUiful^ atttl  I 
snilymir  tonUhip  la  afflicted  with  that  dts- 
tajm.  I  lio[M!  ihrae  chains  sihalt  be  taken  oiT 
•  Aiirmt  plsac>e,  atid  then  I  hope  1  shall  have 

ai«a«^%  U^utlt'f  trr^], 

L  t  live  been  a   great  many 

•^p  h  wecunuoiexamineipto. 

Ta  Hit  givrti  a  general  charge  of  some  peCH 

^        '  fiii  ill,  your  expressions  are  not  juKt 

I  rtfll  i    ycia  cbarg^e  no  particular  person  ; 

I  can  take  no  notice  oi'  them.     A 9  to  the 

I  j«u  enoiplatt]  oi'^  it  must  be  hi\  to  iboiie 

^itas  ilir  L'a^totty  of  you  h  committed  by 

lB.li  ukecare  tliat  you  may  not  make  your 

^^:   «li€o  yoti  curae  to  your  trial  then 

^ilMitii  moy  be  la  ken  off."    Consider  the 

•liir  afthis  dus  ;  if  you  hafc  any  objeclions 

rtttdictoirQi  the  Court  wilt  beartbem  ^  if 

M  Oiiavt  plead, 

.  Ora.  (Sir  Holjert  Raymond)      f  am 

kiiaf  ts  in  ten  dill  hut  that  he  should 

'  r  trial ;   but  to  cam|ila(n  here  of  hard 

^f*,  «/  tkmhn   and  imjmsonment,  carries 

'^'^   •  t  rrftrction  of  cruelly,  and  »ve  know 

1'^  may  have  abroad.   My 

there  is  any  occasion  for 

e  in  answer  to  this,  than 

u  been  kept,  as  all  persons 

TOawuiioes  are,  when  ibey  ha?e  been 

^  [•§  make  an  escape  ;    there  was  an 

\  nature  tnarlc*  by  him,  and  I  be* 

»ill  lay,  but  f*T\  such  an  occasion, 

■^ticidar  care  that  he 

I  wca?'  id,  as  to  any  other 

'  ^''  ».'  what  he  says  is  not 

■t,  but  that  he  has  as 

'iy  a«  is  proper  aud 

^id  It  4ti  wiiat  i»  iaid  in  rexpect  la  the 

iia^M  hJm  In  ihf  !i:dl,  1  know  no- 

:c;    but  cannot 

i>  ktter  lur  people 

m  cunccrt  tog-elher, 

V"  ;  and  I  do  not  know 

s^btbe  somebody  set 

tetuMoo  to 
h#ltt»p4i!d 


^^ft 


ati  escape  once;,  if  true,  ought  to  be  secured  io 
such  manner  as  to  prevent  his  escapinc^  a  se- 
c^iod  time.  The  gentleman  gaoler,  what  doth 
be  sny  ? 

Gentleman  Gaoler.  My  lord,  he  never  at- 
tempted to  escape  since  lie  was  in  my  custody* 

Att,  Gen,  No,  ii  was  iKt^ire. 

Sol.  Gen,  (Sir  Philip  York.)  My  lord,  Ihtf 
complaint  is  made  for  no  other  purpise  but  lo 
capttvaie  the  minds  of  the  by- stand  ei^,  without 
any  jusi  grounds  in  the  world  ;  tor  if  the  whole 
of  the  complaint  made  sod  ag^gravated  in  this 
solemn  manner  be  considered,  it  amounlii  only 
to  this,  that  a  prisoner  who  stands  charged 
with  so  great  an  offence  as  high  treason  (who 
I  admit,  notwithstanding  the  weij^ht  of  that 
charge,  ought  to  bare  all  ibf  justice  nod  alt 
the  opportunity  of  defending'  himself  which  the 
law  allows)  J  my  it  amounb  to  no  more  than 
this,  that  a  prisoner  in  these  circiimMarices  is 
brought  up  hither  under  a  yuard,auil  in  fetters^ 
as  persons  in  that  condition  uMTaliy  are.  It  is 
very  well  known  that  when  thii*  gentleman  was 
in  the  custody  of  a  raessentfer,  he  not  only 
made  an  attempt  to  escape,  but  actually  es- 
caped, got  out  of  a  window  two  pziir  of  stairs 
high,  and  from  Ibence  over  the  water  into 
Southwark  ;  and  since  that  is  so,  can  there  btt 
any  colour  to  say  that  what  was  done  atler* 
wards  was  unwarrantable  f  1  cannot  help  say* 
Joff  on  this  occasion,  that  it  does  not  become 
the  candour  a  person  in  the  prisoner's  circum  - 
stances  ought  to  shew,  to  aggravate  and  mako 
such  a  misrepresentation  oi  the  usag-e  he  has 
received.  As*  to  what  has  happened  in  the  hall 
we  know  nothing  of  it,  nor  can  jmssibly  tell 
how  true  it  is.  If  any  such  thtn^^  was  said,  it 
is  not  impos!iible  to  nave  been  by  somebody 
that  was  set  there  on  purpose  by  the  friends  of 
this  gentlenian.  I  say  thuH  much,  my  lord, 
not  because  1  think  it'maten^il  to  the  bu^iiiiess 
of  this  day,  but  because  1  would  not  have  it 
gone  away  with  that  there  has  been  any  bard- 
fliip  put  upon  the  prisoner  contrary  to  law. 
No,  liis  majesty,  ^bo  makes  the  Ian  s  of  the 
land  the  rule  and  measure  of  all  his  actions, 
though  be  will  have  justice  done  to  himself 
aud  his  government  against  any  person  tliat 
shall  conspire  to  overthrow  it,  yet  he  will  suf- 
fer no  hardeihtps  to  be  done  even  to  such  per* 
sons,  contrary  to  law ;  and  nothing  has  been 
done  in  this  case  but  what  was  legal  and  abso* 
lutely  necessary, 

Mr.  Hungcrjhrd,  My  lord,  I  beg  to  be  in- 
dulged a  few  words ;  that  he  is  in  chainv  now 
is  demonstrable ;  aud  he  hath  told  me,  when  in 
the  Tower  with  him,  that  they  arc  so  jp-ievou* 
to  him  that  he  cannot  sleep  but  in  one  posture, 
viz.  11  (Kin  his  back  ;  and  that  he  hath  not  ai- 
teiopted  to  esca(>e  out  of  the  Tower,  is  given  ia 
evidence  by  the  gentleman  gaoler,  whu  huib, 
and  will,  f  verily  believe,  execute  his  auibo* 
riiv  with  all  humanity,  for  be  now  helps  |o 
bold  up  his  chains,  otherwise  the  piisoner 
could  not  stand.  My  lord,  it  is  Raid  it  is  no- 
tbtog  but  what  is  usual  in  cases  of  this  nature* 
My  Jord|  1  believe  I  might  cballt;nge  thcin  i» 

U 


99] 


9  GEORGE  L 


gwe  an  instance  where  any  prisoner  wai 
ihackled  with  irons  in  the  Tower  before  Mr. 
Layer;  his  majesty's  prisoners  of  the  Tower 
are  such  strangers  to  this  usage,  that  they  had 
not  the  very  materials  there,  they  were  sent 
for  from  Newgate,  and  I  hope  they  will  he 
carried  back  again  thither.  Your  lordship  hath 
hinted  it  as  an  indulgeuce  intended  to  him 
when  he  comes  to  his  trial,  that  his  irons  shall 
be  taken  off:  hut  I  hnmbly  insbt  upon  it  that 
by  law  he  ought  not  to  be  called  upon,  even  to 
plead,  till  his  fetters  are  off.  My  lord  Coke. 
(3  Inst.  35,)  is  clearly  of  that  opinion  in  his 
Pleas  of  the  Crown  ;  and  is  admitted  on  all 
hands,  that  when  he  comes  to  be  tried  his 
shackles  roust  be  off,  and  ujkiii  a  debate  it  was 
so  determioed  in  Cranhurne's  Case,  (vol.  13, 
p.  392.)  The  only  reason  assigned  for  putting 
of  irons  at  all  upon  a  prisoner,  is  to  keep  him 
in  safe  custody  (for  the  laws  of  England  allow 
of  no  tortures)  and  the  reason  why  they  are 
taken  off  in  the  conrse  of  proceeding  against 
him  in  a  court  of  justice,  it  seems  to  be,  that 
bis  mind  should  not  be  disturbed  by  any  unea- 
siness his  body  or  limbs  should  be  under ;  and 
as  to  the  distinction  that  his  chains  should  be 
ou  when  he  pleads,  because  but  for  a  moment, 
or  a  short  time,  and  off  when  he  is  tried,  be- 
cause that  u  ill  he  of  longer  duration  ;  it  is  pos- 
sible that  what  we  have  now  to  say  may  be  as 
long  as  some  trials.  I  should  (with  submis- 
sion) think  that  something  of  the  dignity  of  the 
Court  might  be  considered  in  this  matter,  fir  a 
court  of  justice,  the  highest  in  the  kingdom  for 
criminal  matters,  where  the  king  himself  is 
supposed  to  be  personally  present,  to  have  a 
man  plead  for  his  life  before  them  in  chains, 
seems  to  be  Tery  unsuitable.  He  is  now  be- 
fore the  same  awful  and  just  tribunal  which  he 
will  be  before  when  he  is  tried,  and  why  not 
therefore  without  chains  as  well  now  as  then  ; 
and  as  to  the  safe  custody  intc-nded  by  the 
irons,  is  the  man  like  to  run  away  here  ?  Is  he 
not  here  too  well  guarded  to  escape  ? 

Mr.  Ketelhry,  If  your  lordship  please  to  fa- 
vour me  a  fe.v  words.  My  lord,  what  hath 
been  his  usage  in  bringing  him  up  hitlier  I 
cannot  tell ;  what  the  usage  of  the  Tower  is 
with  respect  to  the  putting  chains  upon  priso- 
ners, I  am  ignorant  uf ;  but  this  i  must  l»cg 
leave  to  say,  that  he  is  entitled  to  have  bis 
chains  off  kietbrc  he  pleads,*  in  point  of  law : 


Trial  of  Christopher  Lajfer,  [100 

the  authorities  for  it  are  my  lord  Coke  Id  hit 
third  Inst.  fol.  34,  who  says,  that  *•  When  pri- 
soners oome  in  judgment  to  answer,  tbev  ihall 
be  out  of  irons,  ami  all  manner  of  bonoe,  that 
their  pain  may  not  take  away  their,  reaioo,  nor 
constrain  them  to  answer,  hot  at  their  free 
will ;"  (Brit.  c.  5,  fol.  14,)  and  in  fol.  S5,  he 
cites  the  words  out  of  the  Mirror,  chap.  6,  secL 
1,  **  It  is  an  abuse  that  prisoners  be  charged 
with  irons,  or  put  to  any  pain  before  they  be 
attainted.*'  At  the  trial  of  Cranbame,  wfacB 
Jie  was  brought  up  here  before  my  lord  ebidT 
justice  Holt,  he  insisted  that  his  chains  ehoahL 
be  taken  off  before  he  pleaded,  and  it  wm  or- 
dered. This  was  likewise  mentioned  in  iIm 
trials  of  Dorrel,  Gorden,  and  Kerr ;  when  they 
came  up  in  their  irons  to  plead,  it  waa  mottd 
at  first  that  those  irons  ought  to  be  taken  oA 
The  Court  declared,  that  if  the  prisoners  ia^ 
sisted  on  it,  it  ought  to  be  done :  hat  they  M 
not  insist  on  it,  they  raiher  chose  to  ware  thtt 
privilege  than  undergo  the  trouble  of  having 
them  knocked  off  in  court.  There  in  a  resoliH 
tion  in  this  case.  In  the  10th  fol.  of  Keiynff^ 
it  is  expressly  declared  on  a  consultation  of  all 
the  judges  in  England,  That  a  prisoner  onght 
to  have  his  irons  taken  off  before  he  pleads. 

L.  C.  J.  The  case  of  Cranbume,  you  will 
find  that  authority  is  when  the  party  was  eaUed 
upon  to  plead,  and  was  tried  at  the  same  tiflse. 

No  doubt  when  he  comes  upon  his  trial,  the 
authority  is  that  he  is  not  to  be  *  in  TinceliB' 
during  his  trial,  but  should  be  so  far  free,  that 
he  should  have  the  use  of  his  reason,  and  el 
advantages  to  clear  his  innocence.  Here  he  iH 
only  called  upon  to  plead  by  advice  of  his 
scl ;  he  is  not  to  be  tried  now ;  w  hen  tie  ( 


*  '*  Cum  autem  capti  iu  judtcio  prodiici  de- 
bcant,non  producantur  urmati,  8ed  ut  judicium 
recepturi,  nee  ligati,  ne  videantur  respoudere 
coacti.  Fleet,  lib.  1,  cap.  1. 

"  The  prisoner  at  the  time  of  his  arraign- 
ment ou^iit  not  to  be  in  irons.      Hales's  l\  C.  I  against 'all  the  prisoners,  and  execution 


1809,)  a  case  in  which  it  appears,  that  three 
pris«>ncrs  were  ke|>t  chained  during  the  trial  ef 
issues  conc«raing  their  identities.  The  snh* 
stance  of  the  case  'u  as  follows :  **  Thomas  He* 
gers,  Samuel  Matthews,  and  John  King,  1m4 
been  capitally  convicted  lor  felonies  in  rabbiup 
on  the  highway,  and  received  sentence  of  deelS 
for  the  same.  While  they  were  in  cusie^ 
upon  tliose  c<vnvictions,  they  murdered  thsrf 
keeper,  and  then  broke  out  of  their  prison,  anl^ 
were  during  a  considerable  time  a  terror  to  the 
neis;hlK>uring  country.  Being  afterwards  nn 
taken,  tliey  were  tngether  brought  by  writs  # 
Habeas  Corpus  to  the  bar  of  the  Court  eft 
Kiog^s -bench,  aud  th^re  rcs|>ectively  aske^i 
^vhat  they  had  to  sav  why  the  Court  ahovlti 
nut  proceed  to  awnrd  execution,  &c.  each  i 
tliem  denied  his  identity,  and  issue  being  jeiak 
ed  en  each  of  those  denials,  thme  issues  wei^ 
severally  tried  instanicr  :    verdicts  were  fbosi 


p.  219.  Til.  Arraignment  SeeH.  P.  C.  in  folio, :  awarded  against  each  of  them,  acconling 


aecond  part,  cap.  28 

*'  See  Hawkins's  Pleas  of  the  Crown,  part  S, 
p.  S(m."^Nole  to  Firmer  Edition, 

8ee  more  as  to  this  in  vol.  5,  pp.  379,  el  teq. 
of  thisCollectioD,  and  Leaoh's  Hawk.  Pi.  Cr. 
hook  S»  chap.  S8,  aeet  1. 


former  ju«igiu('ni  and  sentence."  The 
is  thus  concluded  :  "  Memorandum 
desperate  fellows  remained  chained  t( 
dunng  tliis  whole  pnK-ee*iing.**  But 
porter  mentions,  (p.  1810,)  that  while  the  f 
m  the  case  ot*  one  prisoner  was  trieil,  the 
were  permitted  to  lii  dowa. 


IBiff 


for  High  Treason. 


H  It  tnedt  if  hm  makM  that  complaint,  the 
S^m^  9llt  tiklie  care  foe  sbaU  be  in  a  condition 
»  aMlt#  bi«  detince;  but  i%  hen  be  is 
1  wpon  to  |>li'Acl,  and  tiis  counsel  by 
lA^Hfle  bim  ynUsW  to  plead,  wby  are  bis 
takeo  n<f  tbis  minute,  and  Mi  be 
Hm  nexti^  1 1  bath  been  said  (I 
■ml  tbc  iiu^riiu^  of  it)  he  i»  too 
I  ninlci)*  I  do  not  think  a  man  charged 
%w^  ireasati  of  thi^  nature^  can  be  ^aid 
}  ipbe  loo  wvM  «;u«rded,  es^ieeiaJfy  it  it  be 
Imi^IIi  been  sng-gested,  ttiat  he  bath 
to  mttke  bis  escape;  th;ii  will 
irbut  tlie  law  allows  iu  other 

rtL    My  lordf  I  beg  leave  to 
what   I  moEin  by  saviog  too 
M  ily  gnanied. 

'j^  HKire  to  offer? 
'  Cinaivate  the  jit-opt*',  smd 
%  ujKjn  tbcm  that  are  not  \ 
h'j^nitics  liis  cbaiut)  bein^  !< 
,  and  afterwatdii  put  on  | 
i  i.i'^  11.  uothing  but  to  brlug  \ 
Ir  to  hAf  e  a.n  unjust  sense  oi'the  crime 

I«ird,  we  lulgbt  hum- 
!      -      i  I  at  the  better  to  pre - 
a-  hiA  trial,  he  tnigbt  cx^ntiuue 
;n%  otjtit  at\er  that  lime, 

itxitber  opinion  ;  and  if  we 

itift  ta  be  taken  oif,  and  he 

vv  but  we  are  ifuiliy  of  bis 

#iL  Fit  hath  said,  lif  shati  have 

:  ;  but  to  make  ohji^ctions 

sure,  ifc  U\  cast  a  letl faction 

t,   lor  not  doiu^  that  which  ist  nut 

•  er  to  do. 

t..  ,i%**MrJ\trd.    1  am  I  my  lord,  off'ounaf^l 

Mktb*  fMisooer^  I  have  been  »o  appointed  by 

Y^t  |afd^i|»«  and  t  asuure  your  lordfliip  thut 

l«iBil  I  itare  anwiiT  fur  the  other  gentleman 

te  M  tttO€tt%in\  (o  the  »aiue  Venice  with  loe, 

^tk  makic  DM!  of  that  power  and  priviletfe  you 

mtjktmeA  t<i  f*ire  us*  at  we  ou^ht. 

■ff  Unli  1  have  Imikid  over  tbe  Record  and 

Mictiiinil,  WG  tuie  a  copy  uf  both,  ac- 

lo  tbe  dirrctioik  uf  the  act  of  parlia- 

t  ktmm  wv  have  at  prt-^ent  a  rt^rbt  to 

f  '   '»if«,  *i*j£'  miswriting', 

Mijier  Latin  :  we  are 

lu  uiiJ  r  objections  occur  to 

br:  •   tint*',  and  bare  not 

19  n*-«*  ,.  ...icrwards;  but  there  »re 

iNiiV  ol{ioctiotui   of  another   nature, 

BAjf  bate  liberty  to  make  at  another 

I  ken*  III  %ny  band  the  whole  record 

Uk  tb#  prisoner,  in  which,  not  only 

tMeot  m  att  fortii,  but  the  commission 

\  Trrininer.     Met  the  c^om mission 

«fd  tbe  namr<  of  the  commisaioD- 

i  ma  arul  aayHf  what  are  the  offences 

r  are  authnriKed  bo  rnquire  of^  as  high* 

■I*pf9«j0ci%  of  iTiTUon,   ttfi'l  oitifr  of- 

|#l^0rr  »i*;jTec  ;  Ojiii  it  ^rTf>  on  and 

tbt!    permms  iball  be»  concerning 


A.D.  17^2.  [lOf 

whom  thi«  enquiry  «holt  he  made,  **  Et  jier 
quos  vel  per  quern,  cui  vel  quibuii,  qnamlo, 
qua) iter,  ^x  quomi>do,  et  dc  abi>(  articuhs  et  cir* 
cumstantii;^,  prtEaii»sa  et  eornm  qnodhbt^l  nt  u 
e<jruni  aliquod  vel  abqua,  qnalitercUMq;  ct*n* 
ccr»en\  pk'uius  veril'i'.'*  My  lord^  1  have 
looked  into  this  form,  and  considered  the  words 
with  all  the  accuracy  I  can»  and  have  endea- 
voured to  render  them  into  Eni»li'^h,  but  can- 
not; I  urust  say  t  took  upon  lhi>«e  two  woidt 
*  plenius  Vfritat*/  as  placed  in  this  record,  to 
be  nonsense,  and  not  capable  of  heinif  rendereil 
into  En^liiih,  for  thc\  import  no  mt^amni;  at 
all  hit  a  blemish  in  tbe  commit  ion  vii^\\\ 
and  if  so,  tht*  enquiry  taken  by  virtue  of  tb&t 
commission  must  fall  to  nothing',  and  conse- 
quently this  indiclmcnt  rau»*r  be  nuti^bt,  I 
have  bptn  bo  exact,  I  havf  bmked  uiio  the  forma 
of  these  indicirncnts,  taken  by  iifiue  of  com- 
mii^viona  of  Oyer  ;jiid  Terminer.  My  lord  cbi«f 
justice  Coke  biitb  for  tbe  sake  ol  pn««terity, 
1  iui)pits<?<^  given  us  the  form  ot  the  com* 
mijiiiion  of  Over  and  Tern;iner  m  bis  time  ;  in 
that  form  of  (lis  tbe^e  m  ords  are  entirely  left 
out ;  tbt*y  seem  lo  me  to  be  words  of  no  signi- 
fication, tlierefore  we  ho{^  iht-re  sbuU  be  no 
further  proceeding's  till  this  h  s^et  right,  and 
that  the  indictmeiii  shall  bt^  quashed. 

Mr.  Ketelbey,  M  y  lord,  tliere  are  other  ob- 
jections, whether  it  u  your  lordsbip'v  |deasur€ 
that  we  should  ffo  on  this  fir*t,  or  that  w* 
jihould  mention  the  others^  aud  so  go  upon 
them  all  together  T 

L.  C\  J.    Make  all  your  objections  tof^etb^r* 

Mr.  Hungerford.  Then,  toy  lord,  In  th# 
close  of  ibis  commission  it  is  said  the  juiy  wera 
charged  to  enquire,  but  dtith  opt  say  fur  what  j 
hut  (but  objection  may  be  made  u not  her  tim«, 
and  therefore  I  will  not  trouble  yiMir  b»rdshi{^ 
with  it  now.  My  lord,  tbe  first  iliiniir  that  oc- 
curs to  me  in  the  indictment  il»elf,  and  which 
certainly,  if  we  prevail  in,  the  whole  prooeed- 
in^s  are  wrong;  this  t;eotleman^s  name  is  not 
writ  nor  apelt  right,  *■  Juralor*  pro  Duo'  Hege, 
Sec,  super  sacramentum,  5cc.  quod  Christo- 
pberus  Layer,  Cbristoplierus  is  there  writ  with 
an  e,  whereas  it  should  be  i'hriitopboru!  with 
an  0 ;  and  if  the  Dictionaries  and  Lexicona  are 
any  authority  we  are  right.  These  are  the  ob- 
jections which  have  occurred  to  me,  the  gett- 
tleman  joined  with  me  in  tbia  service,  bath 
iiome  other  rcmarkii  to  make. 

Mr.  Keiclbey.  My  lord,  as  it  is  your  lord- 
ship^s  pleasure  to  appoint  us  to  be  counsel  tor 
ibis  gentleman f  I  shall  not  make  any  apology 
for  our  appearing  on  hi^i  behuir«  lest  t  receive 
tbe  same  re[»roof  from  the  Court,  which  a  gen* 
tleman  in  my  station  once  received  upon  a  lik« 
occasion,* 

Aly  lord,  we  thiok  it  proper  at  this  lime  to 
Uy  these  four  points  under  your  lordsbiu'i 
consideration,  which  if  we  had  slaid  till  after 
plea  pleailid  by  the  prisoner,  would  have  been 

•  Qu,  Does  this  refer  lo  ivbtt  Kolt,  Chief 
JuHt.  said  to  air  tiariJi.  Shower,  in  Hookwood'a 
Caie?  8ee  vol.  13,  p.  15i* 


I 

i 


4 


109]  9  GEOKGE  L 

too  bte ;  that  fnatter  halb  been  oflen  settled 
ami  deieriDined  by  your  lordshipf  and  I  «liatl 
■ay  no  more  to  tint,  I  belief  c  thf^y  do  not  ab- 
ject to  it  I  now  therefore  it  is  the  oaly  time  to 
make  these  objections. 

51 V  lord,  the  tirst  that  hath  been  menttonod 
by  Mi\  BuDg^erford  i»  in  the  captino  of  the  io- 
dictnientas  to  these  ivords  *  plenius  veritatem;* 
ill  our  t  opy»  it  is  *  plenius  reritat'  *  with  a  dash, 
that  it  may  be  taken  in  any  case,  but  I  Bubmtt 
it  to  your  lordship  whether  it  can  be  made 
sense,  or  ia  proper  Latin  in  any  of  the  cases 
cither  of  the  singular  or  plural  number,  that 
there  can  be  made  any  grammar  of  it,  or  that 
there  is  any  regular  or  precedini;  f  erb  that  can 
go?ern  it  in  any  cage  whatsoever :  they  might 
have  put  in  any  trords  entirely  iucnnsi stent 
with  res|iect  to  the  part  preceding  or  subse- 
qtieiit ;  leave  ont  these  worIs,  and  the  other 
part  of  the  sentence  ia  plain  and  inteUig'ible ; 
hut  put  in  the  ^vorda,  and  it  is  ntberwijie. 

And  es^iecially  tjince  we  have  the  authority 
of  luy  luid  Coke,  where  tb**se  tvoids  are  not 
in ;  how  ibey  came  to  be  put  in,  or  ot  what 
tiae  they  are,  your  lordship  will  obserfe  on 
readioG^  the  caption  of  the  indictment,  *  Ad  lu  * 
qnirend*,  &c.  pleniua  reritat'/ 

Taking  exceplioni  to  the  caption  oF  the  in- 
dictiiient  hath  formerly  been  objected  to  ;  but 
I  beheYf\>  that  right  cannot  b«  disputed  at  this 
time. 

As  to  the  second  exception,  that  in  rL'btlon  io 

•  Chri«iopherus>*  we  submit  it  to  your  lordship, 
if  that  be  not  expressly  wiibiu  the  detects  men- 
tioned in  the  act  of*  parliament,  mia-writingf» 
mis-spellin{2',  false  ana  improper  Latin  ;  nay, 
whf^ilter  it  is  not  suhject  to  cenaure  under  each 
of  ibese  four  heads. 

My  lord,  it  waa  impoEsible  to  bring'  all  my 
authorities,  upon  this  point,  along  with  me ; 
bill  1  have  here  iu  court  several  of  the  best 
dictionaries  and  1em*ons  which  tihew  the  true 
word  to  be  *  Christop horns  /  and  I  believe  ihe 
gentlemen  of  the  other  side  cannot  produce  one 
instnnce  in  any  authentic  book  either  Greek  or 
Latin,  bnt  it  is  ahvay^i  spelt  with  au  o  and  not 
with  an  c,  it  is  Cbristophorus  Irom  «if<^*  the 

•  pnseteritum  medium*  of  the  Greek  verh  f>W; 
and  the  ruica  of  etyrooloja^y  and  formation  of 
Greek  verbal^  evince  that  it  must  tie  so,  and 
catmot  be  otberwiie ;  and  by  all  ihe  Latin  dic- 
tionaries, the  Latin  word  fur  Chrbtopber  is 

•  Chrtstojihorus.' 

L.  C.  X  How  do  we  kno\v  what  his  name 
li  ?  You  must  plead  it  in  abaiement ;  we  donH 
know  his  name  ;  he  might  be  christened 
<  Christopberns*  for  aught  we  know.* 

Mr,  Kcietbc^.  My  joid,  for  false  spelling — 
X.  C.  J.  IIow  doib  that  ap|>ear  to  usf  You 
are  wrong  in  nmking  yimr  objection  at  this 
lime,  we  can't  tnke  notice  whai  hts  name  is ;  in 
llie  record  of  the  indictment  be  is  called  *  Cbria- 
tophenii.'     Can  we  enquire   what   hii  true 


Trial  of  Chrutophh'  Latfefp 

name  Is,  whether  in  FoQfUAh  it  hi  Chrfatofihtr 
or  *  CbnstopheiiiK?'  We  can't  telJ  what  hii 
name  is,  i»erchiirH  «•  IiIj:  name  miay  be  •  Chria- 
t?>phen»f  /  and  the  name  by  which  he  might  be 
christened ;  I  desire  1  may  not  be  understood 
aa  if  I  would  prrv»fiit  you  from  offering  any 
thing  that  is  material  for  your  client ;  but  if 
I  can  satisfy  }ou  that  you  are  improper  in 
form»  it  may  saVe  the  time  of  the  Court  j  but  if 
ytHJ  can  offer  any  thing  material,  we  are  ready 
to  hear  it. 

Ullr.  Ketetbey.  My  lonl,  I  hope  your  liynbiifi^ 
will  pardon  me,  here  h  the  life  of  a  man  rtMi- 
cemed,  aud  as  I  wuuld  not  wilhogly  ofter  any 
tiling  li»  your  lordship  that  in  the  like 
hath  been  over- ruled,  so  neillier  would  I  < 


*  See  the  Case  of  the  king  against  Samuel 
8bake8t>eare,  10  East,  83,  which  was  a  plea  iu 
abAtemaat  of  a  mlaaomer  io  the  itiruaoie* 


any  thing  that  may  lie  material  for  the  mi- 
suner^  whose  defence  the  Court  has  intrustM  M 
with ;  therefore  I  wit)  go  on  to  the  other  olyeo* 
lions  that  we  think   to   he  improper    Latin; 

*  cOmpassavit,  imaginatus  fuit,  el  intendebat/ 
These  are  the  wonls,  1  don't  know  whethtr 
thii  Latm  will  go  down  in  We^tminster-litll, 
but  1  am  satisfied  it  would  not  iu  Westminat^r- 
scbord. 

Here  is  the  *  et,  intendebat,  ct,*  a  conjunc- 
tion copulative  between  verbs  iu  several  tense* ; 
here  is  *  compassavit*  the  prelerpertect  tense, 

*  imagioatus  fuit,' the  pretei-perttct  tetise,  and 

*  iiileiidebat^  the  preterim perfect  teuse  :  W* 
should  not  the  last  verb  liave  been  put  into  11 
pre  ter  per  feet  tense,  according  to  the  rulea 
classical  Latin,  as  well  as  the  two  foror^er  ? 
Tbtretbre  we  submit  it  how  far  it  will  go  as  to 
vitiating  the  indictment  in  jjoiijt  of  false  Latin. 

My  lord,  there  is  one  worrl  more,  *  sebiend'  • 
the  overt-act,  as  laid  In  the  indictment,  is,  thai 
the  prisoner  *  con«piravit  ad  sacram  personam 
dommi  regis  capiend',  seisiend*,  ct  impriso* 
nand'  ;*  hy  the  words  that  are  coupled  with  it, 
I  suppose  *  seisiend' '  is  intf  nited  to  mean,  the 
taking  or  laying  violent  iiands  upon  Ins  majes- 
ty's person  ;  hut  sure  llitre  was  never  such  a 
word  in  any  indtctmeot  before,  nor  to  be  found 
iu  any  author  whatsoever;  it  is  neither  claaai- 
cal  Latin,  law  Latin,  uor  to  be  met  with  among 
Littleton's  barltarisms,  never  naturalized  tM»r 
inoculated  into  ancient  or  modern  use;  it  is  a 
mere  ficiitious  wo  ml  coined  for  this  very  pur* 
pose  without  any  precedent ^  any  otke  instance 
to  warrant  it. 

My  lord  Coke,  in  his  1st  Instit.  fol.  IT,  aayt, 
that  the  word  *  seisitus'  cometh  of  the  French 
word  *  seisin,*  and  that  in  the  common  law  it 
is  properly  applii^d  to  tieebold,  in  cnnira distinc- 
tion to  *  po«i!>eNs;onatus,^  which  relates  to  chat* 
tels  :  Fnr  *  s>eiiiiti*s'  and  *  possession  at  us'  are 
mentioned  as  terms  of  art,  teihnicat  words  in 
the  law,  thut  by  long  use  have  acquired  to 
lb  em  selves  one  pecuhar  and  determined  tigni* 
ficiition  ;  for  thai  rciison  I  do  mit  object  agamit 
the  word  *  compitsiiavit*  in  this  indictment,  it 
having  beeu  a  hi  ays  used  in  indictments  of 
higb*trea!iOD  to  exjU'ess  compa^viug  the  death 
of  the  king,  ever  snice  the  stature  of  Edward 
the  3d ;  so  tnurdrare,  ftdunia,  and  several 
oiberSy  are  knowu  leims  ot  art  m  the  law*  l^ut* 


Jftr  High  Trtusofu 

I  irith  ide  word  *  selsi^nd*?* 
I  if  th^  'iroulil  ibticy  ii  to  b«  n  gferiiud  of 
■«»  wikaMNro  Kctire  vera,  how  came  they  it* 
f^r  H  Ibis  snuie^  to  make  it  Kignify  the  same 


I  mttftl  b«g  teare  to  sayi  that  1  ap- 

inharf  1km  w^ry  g^int  el'  thra  indictment,  (at 

an  »  nacb  of  it  aa  relates  to  tbis  o\  ert^act) 

mis  ttpon  thb  word  ^  seisiend'  ^* 

I  te  lies  •|tp«Ar  lo  ytmr  lordship  to  be  in  • 

tarvaroitti  false  or  im propter  Latin, 

pranr  pn»|ier  under  the  authority  of  the 

\  «f  p*rlJAment^  humhlv  to  iiifsjst  tipou 

jBUon,  viiiJ  that  it  is  iU&cieiit  to  over- 

ittvwbolt^  indictment 

0yM4  '       •  t'8  caae,  says,  that 

MiflMnitt  !  uLi  oa{*ht  to  bedrawD 

■i^tegraie«t  accurucy  and  nicety;  but  if 

Mr  ktmmuj  will  ptea»e  to  shew  nie,  that  thia 

^avtBrvrr  uttce  ti«ied  to  this  purpose,  1  will 

^mmj  obj<K;4t<m,  and  admit  it  tu  \*e  as  ele- 

fi^9'mmd  n%  any  in  tlie  whole  indictment. 

ikCX     1  think  bdore  the  king^s  counsel 

rt*r  lo  that^  we  bad  best  have  that 

t  ^  ifc«  Iniltcliiiitiit  rtfad|  that  we  may  the 


mU,^  tU  Cr,    reads,  ^  Quod  tn  Chriato* 
#■«  La^  rr,  &c.  ad  capteod*  seistend*  et  iioo 

L  C  J.     *  Ad   capiend*  et   impiisonand'.' 
!  wonts  do,  suppoi^  the  other  word 
mJ  (icant? 

PW.  VI y   brd,  these  objections 

»tBaiAe  ujthsoinnch  rerfmony,  and 
■^id  io  Willi  «Qeb  pomp,  as  it  something 
^  «ia  liwam,  than  the  ifnashing  this  indict- 

Vf  iyyrtlMPDil  aornc  of  them  arc  Improper, 
I  iHiicli  niay  be  proper  at  lliis  lime, 

TVf  i^l^ectfum  to  the  commission,  we  appre- 
I  att  tHi|irf»p4fr  \  it  i«  not  in  the  power  of 
\  16  qoaah  the  c<tmnu«Kion,  and  there- 
men n nil  of  niifc-spethng',  and  ol' 
ihi'rdn,  sig^ni6es  no- 
il nt  Itself,  the  Court 
proper^  if  there 
i\  bin  the  eom- 
ihu  great  seal,  and  that 
fM«f  ft  rviumiHl  here,  is  nut  uader  the  power 
f'te  rovin  lo  4*!^Ttiy  \  but  upon  reading  it, 
.  lilt*  iiliieruon  will  quite  vuniijh  -,  thefie 
karr  oavil  m  all  *       n      ions  of  the  like 
rry  fwrm  of  the 

i  the  iridietnient 

,  allowed  by  %\\  the 

J,  **  A  Collection  of 

I  rtrttson ,  com  poned  fi»r 

?*ji  'i  III  8cotliind  ;**  ami 

ti«  uhy  of  nnder- 

r«*»  '  I  or  the  sake  of 

*ii  i\»9  i'thirr    ide,  read  them  In 

iV-y  ^^^  **»  ^  f^nstiued^  thu^,  •  Ad 

I  tr  sacram*  pro- 

tuibuscumt;  pro- 

nmMiai9i)iii>'|  «c.  perqiiQicun«|;  et 


impf f  I 
I  lf»  It 
rrr,  ai> 


A.  D.  1722.  \m 

*  qunlitepf  nnq;  hit*  hcX\  &c*  le  dt  alits  arti< 

*  cutis,  &r«  et  ad  easdem  prodition^  et  al'  pre* 

*  ini^s'  audiend*  et  terminand*  ^*  here  they  are 
to  enquire  more  fully  the  truth,  of  and  concern- 
iM(»  all  treasons,  misiprisionsi  of  treason  by  any 
person  whomsueirer  committed,  &c.  And  if 
the  words  '  pleuius  veritat'  *  bad  immediately 
Ibllowed  the  word  *  inqulrend^ '  ercry  body  al 
first  reading  must  be  satisfied  that  no  objection 
ciiuhl  be  made  thereto ;  and  the  objection  now 
is  only  mitde  on  account  of  the  placing  these 
words  at  the  end  of  the  sentence.  But  it  mukea 
no  difference  in  the  const  ruction  or  sense ;  how 
otber\«ise  can  it  be  construed  or  understood  f 
But  to  enquire  more  fully  the  truth  of  thoie 
offences  there  enumerated,  and  what  persons  art 
GTuilty,  6£c.  And  iberetbre  I  take  it,  that  the 
fivrm  of  the  commission  is  proper,  and  will  be 
justified,  not  only  by  the  sense  of  it,  but  by  (he 
usual  and  common  course  of  proceedings. — Aa 
to  the  next  objection,  we  anprehend  that  hatK 
been  already  over-ruled ;  the  word  *  Cliristo- 
pheruji'  with  an  e,  and  not  with  an  o  i  And  if 
there  be  any  diflerence  in  the  name,  that  must 
be  pleaded  in  abatement ;  because  if  they 
would  take  advantage  ot^  it,  they  must  plead 
that  his  name  is  otherwise  than  is  expressed  ui 
the  indictment  This  man^t  name  *  Christo- 
p Items*  may  be  with  an  e  as  well  as  an  o,  for 
am*; ht  appears:  But  we  apprehend,  that  the 
name  Christopher  is  seldom  writ  in  Latin  with 
an  o,  but  usually  with  an  e ;  tf*  they  think 
there  is  any  thing  material  in  the  objection,  let 
tbem  plead  it  in  abatement,  and  we  are  ready 
to  answer  them. 

i^ly  lord,  as  to  the  next  objection,  that  the 
three  iferbs  which  charge  the  high  treason,  fix, 

*  Compassavtt,  imnginatus  fuit,  et  iotendebat,' 
that  they  are  not  in  the  same  tenses ;  we  sub- 
mit that  in  the  strictest  Latin,  there  is  no  ne- 
cessity the  last  Terb  should  be  of  the  same 
fen^e'wtth  those  that  go  before  the  copulative 
(et) :  Sure,  though  *•  compassavit*  and  '  imam- 
natus  ^Viii*  be  in  the  preterperfect  tense,  yet '  ID« 
ieiidebat*  may  l>e  well  added  in  the  pretertmper» 
feci  tense,  und  that  will  make  no  difference, 
they  being  alt  three  alleged  and  found  in  the 
time  past,  l^etore  the  indictment  exhibited. 

Wy  lord,  the  next  objection  which  they  seem 
to  rely  upon,  \%  at  the  conchision  ot  the  indict- 
menlr  and  that  is  to  the  word  (^  seisiend',  «^c/) 
They  say,  the  precedents  h:»ve  been  looked 
into,  and' there  is  no  such  word  to  be  found  in 
any  tndiclment  ot  high  treason  ;  1  beg  leave  to 
say  in  answer,  that  since  the  assRssinatien  plot 
against  king  Witlium,  there  hath  been  no  such 
viMuiiiouN  attemptot  this  nature;  therefore  m> 
wondei' itit  ennnflt  be  found  in  other  indtct- 
iiients  where  there  has  t>een  no  occasion  for 
the  word.  This  is  an  overt-act  of  conirpirmg 
and  agreeing  to  take,  seize,  and  imprison  the 
very  person  of  the  king;  and  it  muirt  be  laid 
according  to  the  ftiet  itM^lf ;  but  if  this  be  not  % 
proper  word,  though  1  think  the  won!  is  pro- 
per and  signilicaiit,  yet  because  this  is  not  made 
u>ie  of  in  aHcging  the  treason  itst^lf,  but  the 
overt* act  or  evidence  of  the  treason,  it  will  not 


i 


107J 


d  GEORGE  I. 


vitiate  that  put  of  the  indictiLeiit :  for  if  any 
one  of  these  words  allejired  is  proved  upon  the 
trial,  the  prisoner  ou)(ht  to  be  found  flr">l^y>. 
whether  he  compassed  to  take  the  person  of 
the  kinci  or  to  seize  his  majesty,  or  to  impri- 
son and  detain  him ;  anyone  of  these  attempts 
is  sufficient,  if  proved,  and  the  prisoner  ougfht 
to  be  convicted.  There  was  an  objection  of 
this  nature  taken  upon  one  of  the  triau  for  high 
trrasott,  before  my  lord  chief  justice  Holt ;  but 
he  was  pleased  to  say,  that  in  alleging;  the 
overt  acta,  where  several  overt  acts  are  alleged, 
or  several  words  are  used  to  express  the  same 
overt  act,  if  they  were  mistaken  in  one  of  the 
words,  yet  if  there  were  other  words  sufficient 
in  the  indictment  to  express  the  overt-act ;  or 
Although  one  entire  overt  act  was  insufficient!  v 
alleged,  yet  if  there  was  another  overt  act  wdfl 
laid,  the  Court  would  not  quash  the  indictment, 
because  tliis  would  be  to  deprive  the  crown  of 
the  right  of  giving  evidence  to  prove  any  other 
part  of  the  same  overt  act,  or  any  other  overt 
act  alleged  in  the  indictment ;  so  that  we  hope 
this  is  not  a  proper  objection,  because  the  Court 
cannot  quash  the  whole  indictment  if  any  other 
overt  act  is  sufficiently  expressed,  but  the  in- 
dictment must  stand. — But  the  word  is  proper, 
because  the  words  *  seisire  ad  seisiena'  *  are 
terms  known  in  the  law,  and  it  is  frequently 
used  in  actions  of  trespass,  *  quod  cepit,  seisi- 
vit,  et  abduxTit,'  or  *  asportavit.'  Aly  lortf,  we 
think  the  word  '  ad  seisiend' '  is  a  proper  ex  - 
presslon  in  this  case,  to  signify  tlie  attempt  or 
design  lo  seize  and  anprehend  the  person  of  his 
majestv ;  and  we  nope  tliere  is  nothing  in 
these  objections. 

Att.  Gen.  My  lord,  we  are  not  against  the 
(rentleraen  of  the  other  aide's  insisting  upon 
every  thing  that  may  be  for  their  client's  ser- 
vice. But  sure  these  objections  have  nothing 
in  them ;  there  is  no  colour  of  reason  to  support 
them.  My  lord,  as  to  the  exception  taken  to 
the  commission  let  us  consider,  if  tliere  was  any 
weiglit  in  it,  how  it  can  |)ossibly  be  taken  at 
this  time? — By  virtue  of  the  act  of  parliament 
paned  in  the  7th  year  of  the  reign  of  his  late 
majesty  kin|^  Wifliam,  it  ia  provided,  that  no 
indictment  for  any  of  the  offences  afore-men- 
tioned in  that  act,  which  are  treasons,  &c.  nor 
any  process  or  return  thereupon,  shall  be 
quashed  on  the  motion  of  the  prisoner  or  his 
counsel  for  mis-writing,  mis-spdiing,  or  false 
or  improper  Latin  (under  which  last  words 
the  counsel  for  the  prisoner  would  entitle 
themselves  to  take  this  objection)  unless  such 
exception  shall  be  taken  and  made  in  the 
respective  court,  where  such  trial  shall  be,  by 
the  prisoner  or  his  counsel  assigned,  before  any 
evidence  given  in  open  court  upon  such  in- 
dictment.— but  the  commission  is  a  thing  dis- 
tinct, and  neither  indictment,  process,  or  re- 
turn thereupon  ;  and  by  consequence  no  objec- 
tion can  be  made  to  the  commission  at  this  time 
by  virtue  of  that  act :  but  however,  because 
they  may  not  trouble  us  with  these  objections 
at  another  time,  we  beg  leave  to  answer  them 

DOW. 


Trial  ofChrUk>pher  Layer^ 

Mr  lord,  theae  words  (*  pleniui  ver 
are, the  very  point  of  the  eiii|uiry  of  tl 
missioners  of  Oyer  and  Termmer,  for  t 
to  enquire,  by  the  oaths  of  lawful  mei 
country,  fully  of  the  truth  of  all  treasoi 
prisiona  of  treasons,  &c.  committed 
county,  and  that  is  the  tenour  of  the  c 
sion.  In  the  book  nrinted  by  the  appi 
of  all  the  judges  or  England,  aoon  al 
union  of  the  two  kingdoms,  all  the  ri 
methoda  of  trial  in  cases  of  hi^h  trea 
laid  down,  there  b  the  commission  of  O 
Terminer  printed  at  larse ;  and  it  is  ex 
the  same  worda  with  uiis ;  and  your  i 
may  please  to  observe,  that  imnnediatc 
those  words '  plenius  veritatem'  there  is 
ma,  and  none  before;  the  whole  senti 
fore  is  eutire,  and  therefore  in  cons 
these  words,  *  plenius  veritatem,'  refc 
words  *  ad  inquirendum,'  at  the  begii 
the  sentence;  and  the  sense  is  plain,  t 
commissioners  are  to  enquire  by  the 
good  and  lawful  men  of  the  country, 
other  ways  and  means,  Sec.  *  plenius  ye 
de  quibuscunqne  proditionibus,  misprisi 
fkc.  and  then  the  commission  goes  < 
there  comes  af\er  the  comma,  '  et  ad 
proilitiores  et  alia  preemissa  hac  vice  i 
et  terminand'  secund*  leges,*  &c.  In  c 
proceedings  in  Latin,  we  are  not  so  ni 
con6ne  ourselves  to  the  Latin  of  the  < 
but  this  is  very  proper  Latin,  and  the 
ingof  the  words  '  plenius  veritatem'  f 
words  ^  ad  inquirendum,'  by  which  t! 
governed  by  the  interposition  of  so  man; 
is  no  oljection  ;  for  nothing  is  more  i 
in  the  best  authors,  than  placing  the  nn 
terial  words  at  the  close  of  a  very  long  s 
which  in  imint  of  construction  must 
others  at  the  beginning.  And  therefor 
we  shall  hear  no  more  of  this  objection 

As  to  the  Christopherus  being  with 
stead  of  an  o,  that  is  not  a  pro|ier  obj< 
this  time.  No  man  will  pretend  to  say, 
not  be  christened  by  that  name,  as  I 
the  nsual  name,  Harry  is  the  oomm< 
name  for  Henry,  yet  a  person  may  I 
tened  Harry,  and  so  have  many  persoi 

But,  my  lord,  we  say  this  is  a  wore 
all  the  law  proceedings  for  ChristopI 
spelt  in  this  very  manner  with  an  r. 

As  to  the  other  objection  ;  as  to  tlu 
tion  of  the  tense  in  the  words  '  com^ 
imaginatus  fuit,  et  intendebat :'  the  obj 
made  as  if  we  were  tied  down  to  the 
forms  of  gram  mar;  if  the  sense  is  pla 
facts  are  explained  by  proper  Latin  wo 
enough  lor  us,  w  heiher  they  are  ca 
sometimes  in  one  tense,  and  somei 
another,  provided  they  sufficiently  ch 
fact  to  be  done. 

The  last  objection  is  the  word  *  seisic 
it  ia  nttt  a  word  known  in  the  law  ;  if  tb 
hold,  it  would  not  quash  the  indictn 
cause  there  are  several  other  worda  to  i 
effect,  which  sufficiently  express  this  i 
overt  act,  witliont  thia  word  •  i  '  ' 


ms] 


Jbr  High  Treaitm. 


A.  D.  17S& 


[110 


««  W,  tbat  the  prtsoner  did  proposei  coDsult, 

mi  ai^Mf  *  iMi  «acram  pereoDtm  dicti  Domini  I 

^Gci^i  none  Re^t,  &c.  capieod',  seisiend', 

'iapitooand*,  et  in  cusUmI*  detinend."    But 

wtmai  thai  this  b  a  very  proper  word.     In 

Atcoait  of  exchequer  the  worus  used  in  cases 

rfirinre  is  *  seisivit.*   Writs  issue  command- 

■fthcsberifr  *  seisire',  such  lands,  5ec.  into 

Atkoai's  hands,  and  the  sheriff  returns  *  sei* 

■in feci:'  so  that  if  this  word  was  looked  upon 

■n  nkaown  and  nnintellifpble  word,  what 

— thsBwat  of  many  judgments  and  proceed- 

ifsii  diaft  court  ?    It  is  a  law  word  that  is 

■Rjp^icd  to  the  person  of  our  sotereign, 

a^Hitiiinthe  proceedings  before-mentioned 

ipfM  Is  aeizinsr  lands,  &c.  why  may  it  not 

KipfM  to  the  seizing  of  a  person  ?  And  then 

f 'Hsiie'  be  proper,  the  gerund  from  that  must 

k'visienduai,'  and  therefore  we  apprehend, 

■yM,  that  this  is  a  plain  answer,  and  that 

■Bib  so  colour  of  reason  for  this  objection. 

SdGen.  My  lord,  as  1  apprehend  these 
nations  have  no  real  foundation,  nor  scarce 
■f  csioor  in  themselves,  so  I  do  not  know 
*Mbir  it  would  not  be  giving  too  much  cre- 
illilhciD,  lor  so  man^  of  the  king's  counsel 
■  Mead  your  lordship  on  this  occasion,  to 

eihe  time  of  the  Court  in  giving  answers  to 
The  true  answers,  and  all  the  answers 
lU  can  he  cr>^en,  have  been  already  offered 
ttiitry  fiiH)-  enforced ;  and  therefore  1  shall 
littsable  your  lordship  whh  any  thing  fur- 

Ik,  Emngerford,  My  lord,  I  beg  a  few  words 
%  *ay  ot  reply.  As  to  the  first  objection 
■ilape  it  is  not  answered :  we  object  against 
it  sords  *  plenius  veritat,*  as  words  of  no 
Mm  or  meaning,  as  ranged  or  placed  in  this 
hfateent.  Mr.  Attorney  hath  endeavoured 
liMke  tliem  sense  by  transposinor  them,  and 
Mmiag  *  plenius  veritat'  ten  lines  bcfAre 
Hit  iIm  indictment  hath.  VVc  must  take  the 
tliey  are  in  the  indictment :  and  if 
t4sy  are  not  grammar,  or  intilllf^ilile  there,  the 
p^tfjfcum  still  holdn.  1  know  not  what  liberty 
icbsg's  counsel  hath  to  transpose  the  wurds. 
1  iaam  school  bovs  sometimes  pick  up  words 
hmi  rej^ard  to  i^rammar,  to  make  w  hut  they 
I  fioawiiM- verses ;  but  1  never  knew  an  nt- 
^t  before  by  transpoi»io|^  of  word^,  lo  mnke 
le  grammar,  prose,  or  |>octry.  There 
bih?  that  hath  been  mentioned,  tkut  the 
lute  settled  the  foriiiM  of  proceedings 
•  *■•«  of  high-treason  by  direction  of  the 
eof  Lords,  and  this  '  plenius  veritat.'  is 
to  the  form  inserted  in  that  treatise  :  that 
my  lord,  notwithstanding  the  solemn  al- 
r  Afit  by  the  judges,  is  not,  with  siih- 
i,a  conclusive  auUiority  :  h  was  dtMiied 
•  in  the  case,  of  Matthews,  whicli  case 
the  better  speak  to,  because  1  was  of 
4  in  it.  The  objection  taken  in  the 
f  Matthews  was  to  the  panned  of 
"i  far  that  the  addition  and  places 
1  «f  the  jurymen  were  not  inserted 
vding  to  the  directions  of 


I  tbih 


that  book,  the  better  to  guide  the  prisoner  in 
his  challenges.  My  lord  chief  justice  King, 
who  presided  at  that  trial,  assisted  by  all  tho 
then  judges  of  England,  (except  your  lordship, 
who  was  absent)  over-ruled  that  exception ;  and 
1  think  the  rest  of  my  lords  the  judges,  now 
present,  concurred  in  tnat  resolation.  Where- 
fore, if  we  have  no  authority  to  combat  with, 
but  the  authority  of  that  book,  which  bath 
been  solemnly  denied  to  be  a  good  authority, 
we  hope  this  objection  shall  stand. 

My  lord,  as  to  the  word  Christophorus,  with- 
out (loubt  the  etymology  of  the  word  is  as  Mr. 
Ketelbey  hath  opened ;  and  there  is  this  further 
to  justify  that  way  of  spelling  which  we  con- 
tend for,  even  the  two  first  syllables  of  the 
word  in  the  indictment  are  *  Christo,'  as  the 
Greek  with  an  o,  and  not  *  Christu' ;  and  in 
conformity  with  the  Greek  spelling  in  the  two 
first  syllables  of  the  word,  we  hope  the  next 
syllable  must  be  spelt  so  too :  but  since  it  is 
contended,  that  the  substance  of  this  objection 
must  be  put  into  a  plea  in  abatement,  we  shall 
wait  the  direction  of  the  Court  as  to  that  matter. 
As  to  the  words  *  compassavit,  imaginatus  fnit, 

*  et  inlendebat,'  there  is  something  in  that  ob- 
jection ;  they  all  relate  to  a  time  past,  but  they 
are  in  different  tenses  or  time ;  there  is  the 
prcterperfect  and  preteriro perfect  tense,  and 
there  is  the  conjunction  conulative  between 
them,  as  if  both  tenses  implied  the  same  times, 
which  it  is  certain  they  do  not,  and  therefore 
they  charge  naught ;  for  a  thing  cannot  be 
done  lately  and  formerly,  and  both  at  the  sams 
time. 

As  to  the  other  words  ^  ad  capiend',  seisiend^ 
<  et  imprisonand.',  we  are  u[>on  the  forms  of 
an  indictment,  and  must  be  governed  hy  the 
usual  forms :  1  believe  there  is  no  instance  on 
record,  where  these  words  are  made  wne  of  in 
any  acquisition  of  this  kind ;  for  whirli  rea- 
sons we  humbly  hope  this  indictment  shall  be 
quashed. 

^\r.  Ketelhet/,  My  lord,  I  beg  leave  to  of- 
fer a  word  or  two  by  way  of  reply  :  Mr.  Ser- 
jeant Pengclly  is  phased  to  say,  that  sense 
may  he  made  of  these  words,  and  that  *■  plc- 
'  nius  verltntem'  as  it  is,  is  good  Latin,  hy  lift- 
ing these  words  from  the  ht)tt<)m  of  the  sen- 
tence, to  the  top,  and  inaUing  then)  follow  *  ad 

*  inqiiircndiinr.  1  believe  four  parts  in  five  of 
the    eafilion    interfere     between  the    *  iuq«>i- 

*  renduin'  and  the  *  {denitis  vcrilutrm/  a  whole 
eatalogue  of  offMuet'S  s<'veral  iiv!p[)endi:nt 
sentenres,  ilifferent  limes,  persons,  places, 
ttiin^^s  all  stationed  between,  and  yet  these 
words  are  to  be  united  :  I  would  he  ^lad  to 
know  by  what  rule  of  granmiar  this  can  be 
ilonc  ? 

As  to  the  word  Christopheni*:,  T  shall  not 
further  insist  u|M)n  that  as  a  pn)p(T  objection 
under  this  head,  because  your  lordship  seems 
to  be  of  an  opinion  that  we  ought  to  have  plead- 
ed it  in  abAlement. 

As  to  the  word  '  seisiend. %  it  hath  been  said 
it  is  a  word  well  known  in  the  exchequer,  but 


I 


til]  0 GEORGE  T- 

tbey  drt  mi  ihevr  one  iutitance  wherccrcr  it 
Wfts  uied ;  inil(^ell  lliev  mentioiv  a  |>rerppl  to  the 
■beriff  '  seisii'i  t»cbs,*  and  the  return   *  sebiri 

*  feci/  but  what  is  thai  to  *  lieiiiienditm  \^  the 
ooeis  juslHied  by  u)»age,  tlie  *  seisitus*  as  *  sei- 

*  »iri  ;*  besitles  *  seisin^  is  there  u^ed  ia  the 
rerj  same  sen&e  which  the  bw  hath  impoiied 
iip<inH;  it  U  to  be  put  into  poii»pssioii,  liie 
landti  are  so  delivered  by  the  slieriff  idto  the 
hands  of  the  king,  that  he  beciimes  seized 
thereof,  *  ul  de  femloet  in  fure  coronie,'  till  ao 
'  aiuQveas  tnanys'  be  obtained :  hut  if  ever  that 
word  was  nut  into  any  imhctinent  la  sig^nity  to 
fteize  and  jmpriiM>n  the  king,  it  is  entirely  un- 
kiioivn  tt>  me* 

Indeed  here  ii  one  piece  of  d<iclrine  offered, 
tbat  if  it  holds  good  puts  an  end  to  all  our  ob- 
jections, and  ereu  tu  the  uct  ot^  parUameut  on 
which  they  are  founded  ;  bui  1  ntust  own  it 
ii  entirely  new  to  me:  we  are  told  there  are 
other  worils  in  the  indictnticnt,  and  o(her  overt- 
«£U,  nnd  if  one  act  is  siifficieolly  expressed  by 
any  one  word,  thoug^h  there  be  words  that  are 
inaproper  and  false  Latin,  \ei  it  shall  not 
ritiaie  the  indictment ;  what  a?ai1s  tbeu  this 
act  that  efi]|>ower8  us  to  make  objections  to 
tnU*writingj»  naji-«pelUng»  false  and  improper 
Ijatin  f  It  is  t'npos^ible  to  suppose,  that  who- 
ever  bath  tbe  drawing  ol  an  indictmefit 
ahould  moke  fauJlSf  and  ht under  on  frooi 
tirtt  to  tasi:  no,  in  an  indictment  for  high* 
Ireaion  ibe  greatest  care  is,  or  ought  to  be 
taken  in  the  drawing  of  it ;  and  w  here  the 
life  of  a  person y  and  all  that  is  Taluahle  is  at 
stake,  the  law  wili  not  ftubject  any  one  lo  such 
dreadful  penalties  and  forfeiture  lor  an  offence 
expresseJ  only  by  words  of  an  unknown  or  dn- 
bioua  signification  ;  and  iherefore,  we  hope 
ihftt  this  goes  to  the  whol«,  and  that  the  in- 
djcimeut  Bball  be  quashed,  or  else  it  would 
he  nugatory  for  ui  to  be  allowed  to  lake  ex  - 
ceplious  to  ooe  part  of  the  bdictment,  if  the 
other  were  good. 

1  believe  Mr  Attorney  won't  shew  any 
iosiance  (1  submit  it  to  his  greater  experience), 
where  lie  ever  knew  one  o^ert-act  m  an  in- 
dictment aet  aside,  and  the  rest  of  the  indict- 
ment held  good :  excepllonv  huve,  ever  aince 
the  making  this  act,  het-n  taken  and  argued  by 
eouniie],  and  determined  ;  but  if  this  liea  ^^utB- 
cieot  answer,  turely  they  spent  the  time  of  the 
Court  lo  very  little  pur[H>se,  in  debating  whe- 
ther there  wera  any  fhults  in  the  indictment, 
when  it  was  ao  easy  to  Khew  it  wun  not  faulty 
throughout,  51  r,  Serjeant  Pengelly  has  been 
jileaseil  to  mention  the  opimun  of  my  lord 
chief  jnstice  Holt,  U|mn  one  id"  the  trials  be- 
fore him,  that  although  one  entire  ovt^rt-act 
was  insufficiently  alleged,  yet  if  there  was  nny 
other  well  laid,  the  Court  troutd  not  qttaiih  the 
Indictment;*  I  wish  he  hail  fold  us  in  what 
trial,  or  where  it  ia  to  be  found,  fnr  I  don't 
remember  it  in  any  of  the  printed  trials:  as  to 
what  was  meniioned,  with  regard  to  the  au- 

*  See  Uacb'i  Hawk.  FL  Cr.  book  g^««  4^1 
§180. 


kTwGpheir  Layff^ 


tHl 


thority  of  that  b^ok,  f  >r  the  wofds  *  pTenioa 
veritatem»' Mr  Hu  ne'er  ford  rightly  otiser^fd, 
thai  the  authoritv  of  that  book  was  uiieijy 
denied  at  the  trial  of  Mattlieivs ;  your  lord- 
ship  was  not  there,  my  lord  chief  justice  Kin 
presided  then  upon  tbe  tiench,  that  book 
ticutarly  directed,  that  not  only  the  names 
tbe  jurors  should  be  inserted  in  tbe  panueL  but 
also  their  additions,  and  the  places  wbec 
they  lived ;  instead  of  that,  the  copy  of  i 
panjtel  delivered  consisted  only  of  a  long  lij 
of  bare  names,  no  additions^  nor  where  ihe^ 
lived  ;  whereupon  we  made  our  ohjectioo,  %wi 
insi&ted  on  the  authority  of  that  book.  Not 
withstanding  which,  the  objection  was  thf 
over -ruled,  and  consequently  we  hope  wt;  tba 
not  be  pinned  down  to  the  authority  of  th 
book  any  more  in  this  case,  than  the  othei 
for  these  reasons  we  hope  your  lordship  wiil  be 
of  opinion  that  the  king's  counsel  have  *"* 
given  u  full  ansiwer  to  our  obj^cUous,  and  I 
the  indictments  hall  be  quashetL 

Mr.  Hungerford.  My  lord,  I  beg  leaT« 
hand  up  this  precedent    of  my  lord  Cok«' 
where  these  words  are  entirely  leffc  out* 

L.  C.  X  What  is  the  use  you  would  ma 
of  setting  up  an  extrajudicial  opinion  of  __^ 
lord  Coke's,  as  you  rail  it,  againat  the  opinibii 
of  all  the  judges  ?  Because  it  is  not  io  my 
lord  Coke's  form,  theitfore  it  is  not  necessary 
or  riglit;  but  at  the  same  time  you  would  have 
us  governed  by  my  lord  Cokeys  opinion,  you 
would  have  us  reject  the  opinion  of  all  'the 
judges.  My  lord  Coke  may  be  wron^  j  tbe 
opinion  of  all  the  judges  io  an  extrajudicial 
case  may  be  wrong;  but  it  would  be  fery 
strange  to  give  a  greater  weight  to  the  e^Ort* 
judicial  oifinion  of  my  lord  Ct»ke,  because  he 
bath  kii  tne  words  out,  than  to  the  opinion  of 
all  the  judges  that  have  put  the  words  in  ; 
neither  is  concluiive;  but  certainly  tbe  opi- 
nion of  all  the  judges  of  later  tioies,  must 
have  more  weight  than  theextrnjudicial  opinion 
of  a  single  judge  at  any  former  time. 

As  to  the  matter  of  this  ohjcctioo,  you  say 
that  in  the  recital  of  Uie  coinmijisioii  of  Oyer 
and  Terminer,  in  tbe  caption  of  the  indictment, 
it  is  aaiil  tbe  conituijvsioners  had  aothorily  to 
enquire  '  de  quibuscunq;  p  renin  ion  iluw  Vf 
*  pleninsveritatem;^  *  plenius  vcrilatem'  < 
in  afterwards:  we  have  been  t<dd  oi  cL>..l„, 
and  Ciceronian  Latin ;  and  if  tliertj  he  any 
regard  to  he  had  to  that,  is  any  thing  mora 
common  in  every  part  of  Cicero,  than  to  put 
words  last,  that  in  construe  tin  u  muFt  come 
first  ?  I  do  not  know  any  rule  that  is  laid  dowo 
when  the  words  coming  last,  are  io  construc- 
tion to  be  taken  first,  hut  only  this,  that  the 
construction  is  to  l)e  according  to  the  natural 
sense  and  import  of  the  words  ;  and  if  so,  tbefi 
in  the  aulhortty  of  the  commissiooers,  where 
it  is  said  ihey  were  to  enquire  *  de  quibuscunq; 
prodi till n thus,  he.  plenius  veritatetn,'  in  con- 
struction the  last  wonis  must  he  taken  tirst. 
You  say  as  they  stand  it  is  nonsense,  and  sig- 
mhm  UQ^wgt  and  the  words  vre  Dugatury  ; 
1 


IIS] 


Jhr  High  Tnaxon* 


A.  D.  nsf- 


[Hi 


hmm  Diftterial  where  ibey  »t«iid,  they  must 
l»  tttkrn  Ml  ttiAi  in3nn<^  of  construction  ai 
wttld  wttke  them  sigftiificiin^  ibat  in,  by  Ukingf 
Aelvt  wortfSf  '  pleniui  ▼eriutem,*  to  go  first 
to  utwIiiittioD ;  iben  it  ii  fery  proper  iti4 
Jvf,  anrfvli  willbeweU. 

As  td  ili«  iiiatu»f  of  the  tiii9nom«f,  that  you 
k«fe  fiven   op,  and  very  ju«Uy,  for  yoirare 
r  I*  pt<*oil  that  io  abatement.* 
i«iXt  objeciron  is,  you  uay  here  is  itn* 
Ifttiti,  *•  compasKavlt*  in  the  preterper- 
»  imaen^^^u^  f»iit'  io  the  same  tense, 
bat'  in  the  preteiimpcrft^ct  tease  ; 


XSL 


^kit§mm  words  Uy  i\\eiu%e\Te$i^  guppone  iL  had 
Ian  *  Ma(rassavii'  odv,  *  imaginatus  fuit* 
MtjTf  9€  *  loieodebal*  cinlYt  would  not  either  of 


whether  in  the  preterperfect  or 
ct  tense,  hare  been  sufficient  to 
'  obirg^d  Mr.  Lsyer  \l'ith  having-  some 
t.Hl  anil  imaf^ined  ihe  dtrath 
if^kiti^  ,  one  oft  htse  Hords  charge 

km  with  the  luient  of  couipa^siug  aud  iinsi- 
l^  «ti4l  that  re-iates  to  a  time  that  h  passed^ 
preterpeHect  (eose^  or  prtterimper- 
t  m  aot  msleriil :  then  as  to  oue  ol  ihe 
U,  as  here  be  a  great  many  to  which 
as  stjectioo  is  ma<)e,  the  hii^h-treuson  is  com- 
j  ttoti  imag|iiiiiig  the  death  of  the  kinjf  ; 
ftttvcsf'ttcfs  are  seferal,  either  is  snfficietit  to 
•Ml  ll>e  treason  of  compassfnf^  and  i ma* 
the  4eath  of  the  kin^.  One  of  the 
I  U|  that  he  did  de^iig^iii  consult,  and 
iffve  *  ill  capiend,  seiiieud",  et  imprisonand.\ 
wm  pcrsoe  of  the  kio^.  Suppose  it  hud  been 
^■rf  eaMesNl,*  et  imprisoDand.*,  then  you  say 
H  hmd  Wen  well  enough ;  but  the  putiiufj  m 
iisi  wvnl  *  seisiend.*^  will  vitinte  the  whote^ 
WcaiiVQ  It  IS  an  improper  and  vicious  word.  I 
4s«H  know  that,  nor  dare  not  say  in  a  court 
if  bw  lliat  it  is  an  improper  aud  \  icions  ^ord  : 
Mi  mrt  told  of  a  c<»urt  ot  lA\Ar  where  the  word 
■  uuBit  mu6  bath  the  same  signification  as  io 
te  iB^nrtment ;  as  to  seize  lands  into  the 
iMiii  of  (h«f  kiiigi  to  seize  land^,  or  to  seize 
1k9  luit|^  |i€rson,  the  word  i$  the  same,  and 
W  •  mmm^  »  fo^td,  aud  enough  to  sig'Qify  to 
lalidft,  *  seiifire'  is  enough  to  nij^nity  to 
'  th«  king'*  person  ;  therefore  t  thiuk  it  is 
ipro>iif*r  worti ;  hut  whether  it  is  or  uni,  there 
ii  MRcseitt  in  the  indictment  Io  mainiaru  tlie 
divjfe  sg^ainat  Mr.  Layer,  for  he  is  charged 
irtib  a  consuhntion  and'  ngreemeiit  to  take  the 
with  a  con  suit  at  I  on  and  agreement  to 
1  detain  Ihe  king  in  prison  :  these 
em  without  the  word  *  scisieod/,  but 
sctsietid.'  hath  been  a  la w< word, 
I  to  our  proceedings  at  law,  never  oh- 
10  ;  bat  if  we  say  it  would  not  sig- 
A  aeisiogt  we  must  set  aside  half  the 
dio^  in  the  Court  of  Exchequer^  These 
l£e  objections  you  have  made,  and 
apprrhensiun  they  ean  be  of  no  ose 
Io  yoQf  ehent,  they   signify  no* 


•  l^oach's  llawkini's  Picas  of  tht  Crown 

%  c.  45.  (  oa. 

VOL,  XTL 


Jli%X,  Pomyi.  I  am  of  tlie  some  opiuloa :  not 
the  least  doubt  remsins  with  me. 

Just.  Eyre.  I  think  the  caption  of  the  in- 
dictment la  in  common  form,  and  the  excep- 
tions to  the  indictment  its«$if  are  fuUy  an* 
twered. 

Just.  Forte$cue  Aland,  I  am  of  the  same 
opinion ;  and  think  the  objections  to  be  of  no 
weight, 

L.  C*  J.  The  objections  being  all  orer-ruted; 
demand  of  him  what  he  hath  to  plead. 

CL  of  the  Vr,  Christopher  Layer,  hold  up 
your  hand.  How  say  you,  Christopher  Layet, 
are  you  Guilty  of  the  hi;;h'treasoQ  whereof 
you  stand  indicted,  or  Not  Guilty  f 

Prisoner,  I  dcjiire  my  plea  of  misnomer  may 
be  received,  ^liid  1  plead  Not  Guilty  as  to 
tlie  fact. 

CL  of  tht  Cn  reads  the  plea, 

*^  Et  Christuphorus  Layer  ad  Barram  hic 
duct,  in  propria  |»ersoua  sua  venit^  et  habito 
audit u  Itidicttiment.  pnedict.  dictt  quod  ipse  oil 
persoua  in  IndictameuL  pnedict*  mt^utiooaU  ct 
nitens.  |»er  nomen  ChriKiopheri  Lay<?r,  tJUMr 
de  paroch.  Sti.  Andnei  Uol borne  in  Co^*  Bul» 
VI r.  etveriiUH  quern  indictauicnt.  prtjedtct.  pru- 
lal.existit  pro  a!t.  Prodiiione  prttdict*  et  dictt 
quod  ip»e  ad  Indictament.  illud  re-^pondere 
compctli  no[i  debet,  quia  die.  qtiod  ipaediu  aute 
teuipus  caption.  JndiCtanienU  pnedict.  uecnoii 
hiite  tempus  oflensi  in  Indictament.  ill.  specie 
ficat.  et  heri  i^upnomt.  Baptizatus  fuit  per 
I  nomen  Christophori,  et  per  id  nomen  Christo- 
'  phori  semjier  a  tempore  Bapiizatlun.  suts  hu- 
jusque  voeat.  nuncupR(>  el  cogoit.  fuit,  et  hoc* 
pHrat.  est  terificare  ;  unde  ex  quo  ipse  non  no- 
mioatur  m  Imltcrament.  predict,  per  nomen 
Chrislophori,  petit  judicium  de  Indictament. 
illo,  et  si  ipse  ad  Indictament.  pnedict.  ullctius 
retipondere  compelli  debeat,  Ace.  et  quoad  pro- 
dilion.  in  Indictameist,  pra.*dict.  mentionat.  ipse 
prteilicl.  ChriMophorus  Layer  dictt  quod  ipso 
m  nullo  est  inde  culpabdis,  et  inde  de  bono  eC 
malo  ponit  se  super  Fatriam,  &c.* 

"  j,  hungciiforp, 
**  Abkl  Ketelbey.** 

X.  C.  X  Your  plea  is  reccired.  He  hath 
pleaded  in  abatement  first,  and  then  ple^do 
over  to  the  treason.     What  say  you  to  it  ? 

Serj.  PtfigeUy.  It  cannot  be  expected  thai 
we  should  luve'  a  rapljcation  reody  to  their 
plea  in  abatement :  we  were  not  aware  of  tliis; 
therefore  we  ought  to  k«ave  time  to  draw  up  a 
replication. 

X.  C.  J.  What  say  you  to  it  ? 

Mx*  Hungerfht'd  and  Mr.  Kttelhey.  My  lord, 
we  have  uo  objection  to  it. 


♦  "  The  rii-ht  «  av  seems  to  be,  that  ph 
should  be  followed  wuh  an  o,  aud/ with  an  tf, 
the  ftrst  being  derived  from  the  (Iret-k,  and  the 
other  from  th«  Lstin.  See  Lowick'g  indict^ 
inent,  vol.  stiir,  p.  '275,  where  it  is  Christo- 
phonji  Knightley.  See  alio  Co,  Eoir.  61*  a. 
55,  b.  215,  c.  80g,c.  d,  310,  i.  b,  3X9,  a,  331, 
b«**     Pomicr  Kdiiim* 

1 


1I5J  9  GEORGE  I. 

£.  C.  J.  Well,  the  plea  is  recorded.  Con- 
sider DOW  the  question  on  this  plea,  is,  wbetlier 
be  iras  haptizetl  by  tlie  name  of  Christophorus 
or  Cliruitopheriis  P 

Serj.  Pengelljf,  My  lord,  to-morrow  and 
next  day  beiog  holidays  (else  we  should  ha?e 
been  ready  by  to-morrow)  wt  therefore  pray, 
that  he  may  be  broujj^ht  up  ai|;ain  on  Saturday 
by  rule  of  this  court. 

Mr.  Huveerford,  I  ba?e  some  deuM  whe- 
ther it  can  be  by  rule,  or  by  Habeas  Corpus. 

X.  C.  J.  When  once  a  Habeas  Corpus  bath 
been  granteil,  and  he  is  broua:ht  lietbre  us,  we 
can  order  him  to  be  brou<)fiit  aj^in  by  mle. 
He  most  be  taken  back  again,  and  brought  up 
here  on  Saturday  next. 

November  3,  1722. 

The  prisoner  was  tliis  day  brou«^ht  to  the 
KingVbencb-bar  by  the  heutenant  oi'  the 
ToncT,  hi  obetUenct  to  the  rule  of  Court  made 
the  31st  of  October; 

Att,  Cmcii,  My  lord,  I  have  demurred  to  the 
prisoner's  plea  in  abatement,  and  pray  the 
demurrer  may  be  read. 

CL  of  the  Cr.  reads  the  ilemurrer. 

«*  £t  Uobertus  Uaymoiid  Mil.  Attorn.  Dom. 
Reg^s  Generalis  qui  pro  cudem  Dom.  Rege  in 
bac  parte  sequitur  haliito  audit,  placiti  pitcd.  in 
cessation.  Indictament.  pried,  sujierius  pla- 
citat.  pro  codein  Dom.  Kecre  dioit  quod  idem 
pincit.  materiaqtie  in  eodem  omtL-nt.  minus 
•uflirien.  inlegeexist.  adipsum  Christopheruiu 
a  rcspr.ndend.  ad  Indicument.  ill.  excu sand,  ad 
quod  quidem  placit.  idem  Attorn.  General, 
necesse  non  habet,  nee  i»er  legem  terra:  ti^uetur 
•lique  modo  respondere.  Etlioc  idem  Attorn. 
General,  proemlein  Dom.  Rege  pamt.  estrc^- 
ticare  prout  Cur'  ^c.  Uude  pro  iusuf&cieiit. 
placit  ill.  idem,  Attiiru.  Dom.  Regis  General, 
pro  eodem  Dom.  Rege  petit  judic.  et  quod  in- 
•lictament.  prwdict.  bon.  et  sutliciens  adju- 
tlicetiir,  ^c,  Rob.  Raymond." 

Alt,  Gen.  We  pray  tUey  may  join  in  the 
demurrer  immediately. 

Mr.  Hungefford.  My  lord,  it  is  altogether  a 
surprise  to  us,  and  as  the  clerk  hath  read  it,  it 
16  impossible  for  us  to  take  the  substance  of  tiiis 
•  dcuKirrcr.  We  therefor?  hope  we  shall  be  al- 
Jowed  a  few  days  to  consider  of  this  matter  of 
ioiuiiig  in  demurrer.  We  shall  not  ask  many. 
The  prtcedeuts  are  so,  the  prisoner  was  always 
Indulged  with  some  time  m  a  case,  of  this  na- 
ture. Before  the  act  of  parliament  for  regu- 
lating of  trbls,  where  matters  of  law  were 
started,  or  any  special  plying  did  arise,  the 
prisoner  was  mdulj|^ed  with  a  great  number  of 
t;ouosel .  Fitzhams  had  Ate,  a  greater  number 
tlian  I  ever  knew  engaged  on  one  side  in  deli- 
bcfrations  of  this  kinu,  unless  it  were  that 
number  of  learned  counsel  which  met  to  adviee 
upon,  and  adjust  this  demurrer.  But  1  think 
in  the  ordinary  course  of  tbe  Court  w  are 
proper  to  desire  two  or  three  dayii.  Tiro  or 
tluroe  days  is  bat  a  liltle  tinob  opociallj  whm 


Trial  of  Christopher  Layoff  [IMF 

the  life  of  a  man  is  concerned.  Mr.  Attomcj 
took  from  Wednesday  to  Saturday  to  coosider 
of  our  plea,  we  hope  at  least  the  same  time 
shall  be  allowed  to  us  to  consider  of  this  de- 
murrer. I  have  in  my  hand  the  amigDiDent 
of,  and  proceedings  against  FitEbarrii,  lie  wa» 
indulged  several  days. 

Mr.  Ketelbeff,  AJy  lord,  I  have  brooffht  thr 
book  along  with  me  relating  to  FitxDwim: 
As  to  the  matter  of  having  time  to  join  in  de< 
murrer,  whether  we  are  not  entitled  to  il  Iqf 
the  rules  of  the  Court,  1  must  submit  to  yoer 
lordship,  h  is  a  case  of  great  oonseqnenoe  & 
and,  as  I  takejt,  tlie  constant  practice  is,  thai  a 
four  days  rule  is  always  given  to  join  ia  de« 
murrer.  This  is  alwsA  s  done,  as  I  am  in- 
formed, on  the  crown-side  as  well  as  the  i  ~ 


side.  The  tenor  of  the  rule  is  either  to  joiB  tt 
demurrer  within  four  days,  or  to  wave  tke 
plea ;  but  Mr.  Attorney  requires  to  do  it  ina- 
mediately.  In  Fitzharris's  case  the  attomcy- 
general  demurred  in  court,  and  the  oouDsel  OB 
the  other  side  refused  to  join  in  demurrer  ioH 
mcdiutoly,  and  they  had  from  Wednesdav  t» 
Saturday.  We  hope  therefore  there  ihdl  ee  ft 
four  days  rule  for  us  to  join  in  demurrer  ee  in 
all  other  cases.  If  we  are  not  regular  in  in- 
sisting upon  four  days,  we  hope  at  least  your 
lonltdtip  \ull  indulge  us  with  some  time;  or  if 
uc  tio  immediately  join  in  demurrer,  tliat  wm 
shall  have  some  time  to  prepare  oureelfw  1^ 
argue  it. 

L,  C,  J.  How  say  you,  Mr.Haroowrlf  hew 
is  the  course  of  the  Court  ? 

Mr.  HartourU  My  lord,  in  criminal  pron 
outioiis  for  misdemeanors,  two  four  day  mliP 
to  plead  are  given,  and  a  i>eremptory  mlemof^ 
for;  and  tlieu  if  there  be  a  demurrer,  one  ftq^ 
days  rule  to  join  in  demurrer  is  gifen,  indn 
peremptory  rule  moved  for:  Bat  in 
cases  tiiere  is  no  rule  given,  either  to 
join  in  demurrer;  all  proceedings  in 
cases  being  at  bur,  the  prisoner  is  obliged  on 
occasions  to  answer  immediately,  nor  can  ' 
be  any  instance  shewn  to  the  contrary.* 

JL  C.  J.  The  course  of  the  Court  is 


you. 

Mr.  Kungerford.  As  to  the  conrse  of  d 
Court,  1  Imow  no  better  description  of  it,  th 
that  it  is  the  iminterrupted  usage  of  the  Co^ 
warranted  by  reason,  or  at  least  not  coo.^ 
dieted  by  it.  The  officer  tells  you  that  in  « 
minal  cases  which  are  not  capital  there 
rules  for  four  days,  and  four  days  to  plead,  ^ 
likewise  a  four  days  rule  to  jom  in  demnr^ 
and  surely  if  in  a  criminal  case,  which  ie 
capital,  a  man  is  indulj^red  four  days ;  an.  'i 
in  a  criminal  case  as  this  is,  which  it  o 
and  doth  touch  a  man's  life,  his  posterit 
his  estate,  by  parity  of  reason,  the  indnl 
ought  to  be  more  than  four  daya^  I  iiegl 
to  observe  one  thing  in  the  case  of  Fiw 
now  in  my  band, 
aska  the  prisoner, 

•  Aslothli  iM- 
Bobert  Johmii 


bine  in  the  case  of  Fits 
d.llykml  chief  justii 
r,  wiU you  picsi  ofr-* 


I  fira  may  bt^e  any  time  in  reasoo. 
my  Wfd,  we  bave  fUeaded  oter,  we  hate 
mmk4  Noi  Guilty  as  to  ibe  otfence  ;  i<>  that 
Ibf  tbift  rcftsan  we  might  bave  till  Hilary  term 
wad^  btca.v»i  we  bate  forwarded  thein  in  tbeir 
already  by  pleading  Not  Guilty  aa  tci 


ibc  Ii4(k>lm«m/    And   we  hope,  theretbre, 
Ite  ffsten^ii  of  the  other  side  vf  ill  not 


lEBi  wHb  tas  for  two  pr  three  days  in  a  caae  of 


Mr.  Eiielbey,  My  lord,  I  ooly  t>eg  leave  to 

ate  tbis  single  word,  that  tve  do  not  iDsi^t 

o^tftblbr  delay,  or  to  put  off  tbe  trial  j  we 

M«f  ftgmiie*\  firer  to  the  treason,  and  in   caiie 

aM  JuIq  in  demurrer^  whatever  time  is 

np  in  arguiui^  it,  cannot  obstruct  the 

itog«  ID  order  to  the  trial  i  nay,  the  trial 

le  Iftad  before  tbe  matter  of  tbe  deniiirrer 

WiiimiUied. 

I.  C.  X  1q  case  ymt  should  join  io  the  de* 
tt«Mr,  w  bat  can  you  do  elie  f 

Mi.  Keiclbry,  f  believe  we  abalL  I  f  we  had 
'«p(  tliDQght  our  plea  would  bare  stood  a  de- 
VttTfr,  w«!  had  not  made  use  of  it* 

8e^.  PtMgeliy.  My  lord,  what  be  praya  ia 
IfiiMt  the  rules  of  tbe  court ;  in  ail  capital 
I  <attei  tlicre  arc"  do  rules  given  to  plead  or  joitt 
Ib  demurrer,  but  the  proce<edinga  are  all  *  in- 
I  HMer,*  tbe  prisoner  being  present  in  neraon, 
I^mI  llierelore,  my  lord,  the  re  is  noihing  m  what 
^Hibij  wit.  When  tbey  put  iu  a  plea  id  abate- 
^pVOll  bere  al  tbe  bar,  which  cannot  be  ex]>ected 
I  m  dtoOflil  af,  it  is  reasonable  that  there  should 
I  kt  womm  time  to  conaider  of  that,  to  &ee  tbe 
sgbm  of  it^  and  cotisider  what  to  answer  to  it, 
Wt  hare  dernun^  to  their  plea  ;  no  doubt 
tlkay  had  ci/nsidered  of  their  plea  whether  it 
Was  a  |roo<I  plea  in  law,  or  not;  if  it  be  not 
DDOit,  can  they  amend  tbeir  plea  in  abatement  'f 
u  was  never  allowed:  If  they  can  make  no 
iUeralioQ  in  that,  what  can  they  do  ?  Tliej 
AMI  do  oothiog  else  but  join  iu  demurrer ;  it  li 
all  tWjr  can  do ;  and  when  tbey  have  joiued  in 
dmurrer,  westiail  f«e  if  they  have  any  reason 
<BrfKrtlicr  time*  But  aif  to  what  they  say, 
Aat  ii  lotlie  Sttfficieoey  of  the  pica,  it  may  &e 
■rnii4  snolber  time ;  and  as  ihey  have  pleaded 
•far  lo  ilie  treaAon,  there  needs  be  no  delay  aa 
to  Ibe  trial ;  I  would  he  glad  to  see  whether 
Iv  this  lliey  60  not  deprive  the  cro^ru  of  the 
rfmipo,  to  proceei)  in  such  manner  as  shall  be 
^•i^it  most  advantageous  for  the  carry  tag  on 
^  plOtttutJQD  ;  but  IS  it  advisable  to  leave  a 
jfm  in  afaatemeot  to  ttie  whole  undetermined, 
is4  lo  try  tbe  issue  Htst?  I  believe  ttiey  can 
lifv  AO  aocb   tostance,  and  therefore  in  all 


i  i^aaes,  as  well  as  iu  criuunal,  the  pjea  in 

BCfit  goes   to   the  whole,  to  destroy  the 

» ifrdiiOtiiieDt,  aud  indeed  ought  to  be  de> 

before  the  Court  goes  00  with  the 

InM*     My  lord,  we  are  surprized  at  what  tbey 

•cHi  by  ihta,  when  they  can  do  nothing  else 

bit  jotn  in  demurrer,  and  therefore  we   hope 

^^^iLftbali  join  immediately. 

^^^Hb*  Gtn*    Aly  lord»  what  we  insist  upon  is 

pWi  new  tbtiig  i  the  coastant  practice  io  cases 

if  ibit  ptlitrt  Das  beeOi  tbat  if  a  demurrer  ii 


put  info  tbe  priiioner*s  plea,  be  most  join  in  de- 
murrer '  instanter/  1  believe  tbe  gentlemen 
of  the  other  side  cauntit  i»hew  one  instance  to 
the  contrary.  The  prisoner  can  do  nothing 
but  join  in  demurrer.  As  to  what  ha;*  been 
said  about  our  having  time  from  Weilncsday  to 
8aturday,  the  reason  was  because  Thursday 
and  Friday  were  no  Westminster  ball  days, 
for  which  reason  we  could  not  have  the  pri- 
soner brought  up  befure  this  day  <  Tbe  putting 
in  a  demurrer  to  this  plea  can  be  no  surprize  to 
the  counsel  for  the  prisoner ;  for  yesterday  wa 
sent  C(»pies  of  our  demurrer  to  them.  Mr* 
Pember,  tlie  prisoner's  clerk  in  court,  had  a 
copy  or  it  by  two  of  the  clock  in  the  afternoon  ; 
and  the  prisoner  himself  had  one  about  four 
oVIock.  As  to  the  case  of  Fitzharris  whicb 
has  been  cited,  it  was  a  plea  looked  upon  to  cou* 
tain  things  of  very  great  difficulty  ;  tbe  time 
asked  for  there  was  not  to  join  iu  demurrer, 
but  the  time  applied  tor  was  lor  settling  the 
plea ;  but  as  soon  as  Mr.  Fitzharris  bad 
pleaded,  and  the  Attorney  Ceneral  bad  de* 
murred  to  it^  the  Court  ordered  ttie  prisoner  to 
join  in  demurrer  *  iastaj3t«:r.*  As  to  wbut  baa 
been  said,  tbat  we  may  [iroceed  to  trial  on  tbe 
plea  of  not  guilty  before  the  demurrer  lo  tbe 
plea  in  abatement  is  determmed,  tbat  ia  by  no 
means  advisable;  tbe  consequence  of  that 
may  be  very  ratscbierous ;  for  if  tbe  Court 
should  be  of  opinion  tbat  the  plea  io  abate tnent 
is  goo<J,  afler  we  have  disclosed  tbe  wliole  evi* 
deuce  aguiu^il  the  prisoner  upon  tbe  trial, 
tboui^h  we  ohiained  a  verdict  for  his  majesty, 
the  whole  must  be  set  aside  ;  and  therefore  we 
hope  your  lordship  wilt  uot  break  iu^o  the  com- 
mon metJjod  of  proceedings,  but  make  tbe  same 
rule  for  tbe  prisoner,  as  luways  haii  been  made 
iu  cases  of  the  like  nature  ;  whicb  ia,  that  be 
shall  join  in  demurrer  immefliately. 

SaL  Geii,  My  lord,  I  agree  with  the  counsel 
for  tbe  prisoner  that  we  are  io  a  case  of  lite, 
and  that  is  tbe  reason  why  their  client  should 
ba^e  all  the  indulgence  the  law  %vill  allow  him, 
Bui  I  beg  leave  to  observe,  tbat  we  are  not  now 
00  a  question  that  directly  concerns  the  merits 
of  tbe  case,  nor  whether  a  prisoner  who  is  to 
answer  for  his  lite  at  this  bar,  sliould  have  time 
to  senit  for  his  witnesses,  or  prepare  for  his  dt;> 
fence.  That  indeed  might  be  of  a  different 
consideration^  But  we  aie  now  barely  up^m  a 
frivolous^  dilatory  plea,  ns  frivolous  a  plea  as 
ever  was  oFlered  in  any  castf  whatsoever;  and 
the  question  is,  whctbi'r  they,  who  have  pre- 
|tarea  and  put  in  this  dilatory  plea,  shall  have 
time  given  them  to  consider,  whether  tbey  wilt 
join  iu  demurrer  upon  it  or  not  ?  As  to  the 
case  of  Fitzharris,  whatever  they  have  inferred 
from  It,  J  think  it  nether  turns  against  them. 
Was  that  a  plea  of  Misnraner?  A  letter  pre- 
tetided  to  be  mistaken  iu  a  name,  whicb  1  beg 
leave  to  say,  when  consideretl,  will  appear  to 
have  been  always  so  written  in  legnl  prf»ceed- 
mga:  No  ;  it  was  a  plea  of  the  pendency  of  ati 
impeachment  lor  the  same  offence,  sent  up  by 
the  House  of  Commons  to  the  House  of  Lords, 
and  by  coniequence^  iu  tbat  case,  tbe  prero« 


4 


119] 


0  GEORGE  I. 


Trial  ofChri^ofher  Layer ^ 


[IflO 


l^atiFe  of  the  crown,  the  jurisdiction  of  the 
Lords  and  the  privileges  of  the  Cummons  were 
highly  concerned.  This  was  a  question  of  as 
great  weight,  and  perhaiis  of  as  great  diificuhy, 
•s  could  come  before  the  Court,  and  therefore 
the  prisoner  had  time  given  him  to  plead  that 
matier ;  but  when  the  Attorney  General  de- 
murred to  it,  the  prisoner  ioined  in  demurrer 
instantly:  And  as  Mr.  Harcourt  acquaints 
jour  lonUhip,  the  practice  is,  that  there  is  no 
such  rule  for  proceeding  upon  demurrers  in 
capital  prosecutions  as  in  other  cases  ;  and  this 
appears  by  their  never  being  set  down  in  the 
paper  to  lie  argued,  as  demurrers  always  are  in 
other  causes.  80  it  was  in  the  case  of  Fiiz- 
harris.  That  was  argued  by  four  or  five  coun- 
■elof  a  side,  without  being  set  down  in  the  pa- 
per. Id  the  case  of  the  prisoner,  which  is 
3'onr  present  consideration,  more  hath  been 
done  for  him  than  was  done  for  Fitzharris. 
Here  is  not  only  a  demurrer  given  in  by  Mr. 
Attorney  at  the  bar,  but  the  prisoner's  attorney 
had  a  copy  of  the  demurrer  at  noon  the  day 
before,  and  consequently  they  could  not  want 
notice  that  we  intended  to  demur,  nor  be  un- 
der any  surprize  from  it.  What  then  would 
they  take  tune  for  ?  Can  thev  do  any  thing 
but  join  in  demurrer  ?  Can  they  amend  in 
capital  cases  P  Or  could  they  amend  a  plea  in 
abatement  in  any  case  ?  They  Jcnow  very  well 
that  thev  cannot.  Can  they  withdraw  their 
plea  ?  I  believe  they  cannot  do  that  neither 
without  tiie  consent  of  Mr.  Attorney  General. 
If  this  be  so,  would  thejr  take  time  to  consider 
ivhether  they  shall  jom  in  demurrer,  when 
they  have  no  choice,  when  it  is  impossible  for 
them  to  do  any  thin^  else?  But,  my  lord, 
the  method  of  proceedmg  we  are  now  insisting 
upon,  hath  been  always  taken  in  capital  cases. 
I  agree,  when  the  question  has  concerned  tbe 
merits  of  the  prisoner's  case,  or  when  he  has 
been  to  prepare  and  consider  of  some  matter 
which  has  beeti,  strictly  speaking,  his  defence, 
time  hath  been  allowed,  but  not  in  other  in- 
stances. Where  the  exception  taken  hath 
been  to  the  jurisdiction  of  tlie  Court,  and  time 
has  been  desired  to  make  it  good,  it  hath  been 
denied  ;  as  in  the  case  of  my  lord  Preston, 
who  was  tried  before  my  lord  chief  justice  Holt, 
and  other  jud^res  at  the  Old  Bailey.  My  lord 
Preston  insisted  that  he  was  a  ueer  createil  by 
letters  patent  of  king  James  the  second,  and 
consequently  that  the  Court  at  the  Old  Bailey 
had  no  jurisdiction  to  try  him,  and  he  prayed 
time  to  produce  his  letters  patent  in  order  to 
prepare  and  make  good  his  plea ;  but  the  Court 
refused  to  give  him  time  for  that  purpose. 
And  1  believe  it  will  be  fbaiid,  that  in  all  in- 
etances  when  pleaa  have  •PPeaied  od  the  flrat 
'  rm  oftben  to  be  merely  Uetory.  and  ofmd 
^noollMw  wmm^  luA  te  Mav  dial  mtiee 


think  in  civil  actions  the  Goort 
would  set  this  plea  aside,  but  in  a  ease  of  life  it 
is  received ;  and  Mr.  Attorney  has  tboe^bt  fit 
to  demnr  to  it.  Is  any  advantage  lost,  ter  the 
prisoner  to  join  in  demurrer  instantly  ?  1  ap- 
prehend what  they  move  fur  is  to  have  tine  ta 
join  in  demurrer.  Are  they  notes  reedy  to  do 
that  now,  as  if  they  bad  a  week  or  tea  daya 
time  given  them  ?  Is  there  any  thing  else  eea 
be  done  ?  And  is  there  anv  occasion  fur  tisM 
to  do  that  which  must  be  done  ?  And  cenaot 
thev  as  well  j<iin  in  demurrer  now,  as  if  tbi^? 
had  more  time  to  do  it  ?  Certainly  tliey  nsajv 
my  lord,  since  by  the  rules  of  the  Court  (as  mtm 
Hiut^ourt  intbruis  your  lordsbiji),  there  is  ao 
rule  given,  but  they  are  to  join  instaallj. 
There  is  no  reason  to  allow  them  time,  1 ' 


thej^  can  lose  no  benefit  or  advantage  by  ioia- 
ing  instantly.  So  then,  as  we  appreheiid,  wa 
are  in  the  course  of  the  Court,  aud  there  is  no 
reason  why  the  course  of  the  Court  shoald  ba 
altered  in  tbis  case ;  we  therefore  hope  that  they 
shall  join  in  demurrer  immediately. 

Mr,  ^Vi^  My  lord,  I  think  there  is  wMaa^ 
in  the  exception  of  bis  counsel  not  beiii^  ready 
to  argue  his  plea :  no  doubt  they  consideied  oC 
it  before  they  brought  it  in  ;  and  wbea  they 
had  produced  their  plea,  Mr.  Attorney 
inurred  to  it.  1  cannot  see  why  they  shi 
insist  so  much  for  time,  when  they  can  de 
nothing  else  but  join  in  demurrer ;  therefore  wa 
hope  that  they  shall  instantly  join  in  demuner. 

Air.  Ilungerford.    My  lord,  1  beg  leave  le 
set  a  matter  of  fact  right,  that  is  as  to  the  ceaa 
of  Fitzharris,  which  was  mentioned  as  an  an^ 
thority  against  us  by  Mr.  Attorney,  but  in  trath 
is  not  so ;   for  though  Fitzharris's  cnunael  did 
join  in  demurrer  innnediaiely  (or  *  instanter,' 
as  it  is  called)  yet  that  was  not  by  the  eoerdeo 
of  the  Court ;   but  they  voluntarily  offered  le 
join  in  demurrer,  upon  an  opiniou  fas  I  prs- 
sume)  of  their  own  great  abilities  and  sell-snf* 
6ciency  in  the  matter.     But  we  have  not  thai 
opinion  of  our  extempore  perfonnanoea,  bat 
desire  time  to  consider  of  thiH  matter.     As  tm 
my  lord  Preston's  ca»e,  qiuited  by  Mr.  Holici-* 
tor,  it  is  troe  the  Court  diti  not  give  liim  leaviR 
to  send  for  his  letters  |iateut,  because,  ei 
kn-d  himself  had  opened  them,  and  the 
was,  his  letters  patent  w»'re  dateil  at  St.  Ger-*^ 
mains,  and  griinted  by  king  James  there, 
his  alidicatioo ;    and  it  would  have  been 
highest  iudi)(niiy  both  to  the  Court  ami  tfae^^^ 
veroment,  to  iiaVe  such  letters  patent  plced«^^ 
or  insisted  en ;   and  1  believe  no  gentlesMik. 
the  liar  then,  or  now,  would  have  signed  a  -^^^ 
a  pleii,  which  if  allewed  would  have  im| 
that  tlie  government  was  not  well  1 
their  majestiee  kiog  William  and  queea 
end  that  king  James  (tfaongb  at  St.  '^ 
bed  a  right  le  oeate  peers,  and  eoasec^w^^^^ 
WM  nelly  kiaf.    But  if  my  lord  PreBU.%  .^^^ 
*-4'  UntKB  aalent  regularly  gvaaled  U^^^ 
>  -r  Iniy  WiNMMh  in  kschenl 
*a#^ 


lich 


book 


Jfof  High  Tnason* 

in  tod  to  tilm  there;  that^ 
ibijofi,  was  iii9  reii«ion  why 
iDilutge  btm  wKli  time,  »tirt 
t%«fc»^irt,  9  («ope,  19  of  no 
ftK.  Jt  if  «ai<i  we  ire  tieil 
i ,  w«  knew  out  own  strenf^th 
i!^  and  Itieri^lnre  oti^lit  to  be 
li  liul  if  ui^y  ineniory  «Kilh  not 
sndnrv  t  nrjjeak  it  with  aome 
M»m  aneioftaiices  where  even 
«  tt  p]««  haU)  bc«fi  jimeiitled. 
«•  4ion«  h  the  e«Me  (>f  my  lord 
vrwB  a  pi  en  to  the  iiir  indict  ion 
JIIv  lord,  wc  »hf*ll  desire  hut  n 
fviiioh  I  hu|»e  will  be  ^rrAuted  as. 
My  lord,  hb  to  Fitxharris'ti 
wmn,  amended  th^re:  the  firtt 
1  io  hj  Mr.  FiJzharris  \\{m- 
fileci  Wia  brought  in  ai>d 
incr  llie  plea  was  read  the 
lihn  ^ouoaelf  and  ft^ve  him 
*"*  '  '  t*i  nut  the  plea  in 
ana  it  was  alterod 
on  Wednestlay.  As  In 
J  «ay!i*  that  the  Court  com- 
til)  ifi  <^ifiurrer  ttiitiinily^  the 
ok  which  I  h*Te  in  my  hand 
w^  iHat  are  aisii^ned  counsel  for  the 
ii  al  Ike  bar,  we  do  not  desij^n  to  de- 
f<Ciatditig»>  litit  to  declare  that  ne  will 
lignum  wkb  Ihem  immeihately.^' 
I  llfte  words  of  the  hook  ;  so  that  it  was 
■tvry  aet  of  the  counsel,  and  they 
■i  all  f-.'^v'^Mf-d  to  it  by  the  Court. 
hat  M*  t  o!»»en't»s  to  be  tiie 

}  la.,  . -J ;  ihat  we  cannot  shew 
'  to  the  ronirary  ;    I  d(i  not  know 
Ri  «li*»^v  one  invitAnce  for  it,  ex- 
Iiirriu ;    if  they  can 
nne  instance,  we  flhati 

M  a  frivofon*  plea,  ibe  variation  of 

|ifl4  nc^vr  writ  otherwi!it>.    %\  bet  her 

mr  nat  will  uppifir  nheu  it  corner 

feofdahtp  in  pnf lament :    a»  to  its 

f  •Tiiaotberwi'.t'  \Un\\  with  an  c.  I 

Mlbcy  can  And  ii  in  aity  bouk 

f^ml  upelt  so,  unlesc^i  Ihey  liuve 

•  Ifiilr actor  Ckrric-alis :'    all  the 

ttty  an*  otherwise ;    1  hrlieve 

^1  hui  iittir  weight.     M 

,  which  Mr.  S*Wtci<or 

'.  11**-  that  the  Court 

tke  out  liis  plea, 

I  hail'.  I  ample  ansi^er 

9  ai»  lii  tUe  ctrcum  stun  CCS  ; 

fthat  lord  had  l»een  «uch  a»  the 

fcf  miitf  wdit  ij' t'  |drn«ed  to  state 

^^^▼r,  but  t)»f  contrary  to  what 

^  Fitzhamit's  case,  and  there- 

tffta  bw  niaife  of  i|  i*  one  9111- 

r?  and  whrrr  ^1    1  k 

'  *^**''  '"'hihfrnce  «»i  ( 

^  h^^mr  of  lite,  anil   ^niin   un 

pM^if  at  Ibe  OBtureof  tke  thiujj 

(ttttp^  Mi  taiatiiitly  li>  join  in 


)  «riiU 


A-  D.  1793.  [ISf 

Ait,  Gen.  My  lord,  1  beg  leave  to  state  ««• 
fact  right,  and  that  is  as  to  Fit^barns's  case: 
they  say  the  plea  was  put  in,  and  sf(€!rw;irda 
amend eii ;  that  is  a  mistake  ;  the  fact  was,  thai 
hit  wite  broui^ht  a  ptea  into  court ^  and  olfereil  it 
to  the  Court,  and  pressed  it  tiii^lit  l>e  reoeivod  ( 
but  BIr.  FitzhniTis  was  adviied  Ut  consider 
what  he  did,  and  thereupon  he  took  it  back,  aiUI 
aHerwards  brought  a  plea  "in,  wl»ieh  was  ra- 
crivetl,  and  after  that  it  was  nerer  allcreil. 

L,  C.  J,  I  d^rv  say  it  is  the  lira  time  tbal 
ever  in  a  capital  cui;e,  when  a  plea  iir  abata- 
ment  was  pleaded^  and  the  Attornev  General 
thought  tit  10  tlemur  to  it,  that  the'party  de« 
sired  time  to  join  in  demurrer.  You  arr  not 
entitled  to  any  time  by  ibc  course  of  the  Court, 
you  cannot  shew  any  iniitance  to  prove  it ;  the 
question  then  is,  whether  you  have  ^tven  any 
reason  for  us  to  indulge  you  with  lime,  ibat 
never  was  i^nmtefl  in  a  case  of  this  nature. 

You  have  pleaded  in  abatement ;  you  were 
enabled  so  to  do  by  baring'  a  copy  of  the  in* 
dictment ;  you  brought  your  pltia  ready  en- 
grossed,  and  put  it  in.  Mr.  Attorney  not'heinf 
aware  of  any  »uch  plea^  it  cotild  not  be  expect- 
ed he  should  be  ready  with  a  demurrer  Ju  hit 
hand  to  this  plea,  and  therefore  be  desired  time 
to  consider  of  it.  The  next  day  it  could  i«ot  be, 
nor  the  next  atkr  that,  they  being  holidays  ; 
but  then  tlie  very  tirst  time  that  he  had  an  op- 
portunity to  come,  he  comea  and  demurs  te 
your  plea:  but  vo«  deaire  time,  and  why 
bbonlri  you  not  have  time,  when  they  had 
time,  to  consider  whether  you  shall  join  in  de- 
murrer ? 

Do  yon  want  time  to  consider  whether  yon 
shall  join  in  demurrer,  after  you  had  time  to 
plead  and  draw  up  your  pl«»a,  and  have  brought 
It  into  court?  \Vbv  vtiuuld  you  hare  timef 
Can  you  do  any  tiling  else  hut  join  in  de« 
morrer?  You  can  <lo  notbiogf  ebe :  and  unleag 
you  can  shew  any  reason  why  tb*;  Court  sliould 
indul^  you,  if  you  do  not  think  fit  to  join,  we 
mu«t  ^'ive  judgment  against  your  ptea.  Yott 
till  IIS  (»f  the  case  of  Fitzh arris  ;  that  is  as 
widely  different  from  this  caae  as  any  thin^ 
can  be.  It  was  a  ca».<*  of  great  difficulty,  tlial 
reijuired  ^reat  ctm^i deration,  whcu  a  party 
comes  and  informs  tiii^i  Court,  and  insists  he  i« 
not  %vithin  tht^Jurisdiriion  of  the  CuurC*  H'ben 
a  maiter  is  iirt;c*d  to  uh  as  a  question  of  law,  if 
we  were  not  Ixmtid  ik%  we  are  by  act  of  parlia- 
ment, we  would  certainly  iu^»i|fn  counsel  to  the 
prisoner  to  id^^itd  a  maiti-r  of  ilmt  nature  ;  and 
when  the  Court  in  FitzhtirriH'ti  cHf^e  had  aa- 
si(fned  him  counsel,  were  thi>se  counnfl  to  ar- 
gue jmtUf'diMtely  f  It  was  nothing  hut  justice 
to  give  tli»iu  time  after  they  were  as«»igaed,  to 
Afffue  a  plea  of  that  nature ;  a  |>tca  in  whtcK 
the  prerogative  of  th«  crown,  the  junwliction 
of  the  Hoim'  of  Lonis,  and  I  he  riijh.s  of  the 
Comtnona  wne  concerned.  The  Court  ^ould 
not  run  hastily  into  the  dctrrmmirtif  id  that 
msttff,  without  Itearing  it  drtj^ted  by  coun*te1, 
attd  tberefbi^  they  gave  the  coumel  time,  upon 
which  they  tnigbt  be  able  to  give  0  just  judg- 
ment.    U  there  atiy  thing  in  tbia  ease  like  it  f 


I 


I 


I 

I 
I 


18T] 


§  GEORGE  h 


toen  of  the  «lhc*f  side  seem«  to  gire  »  ftati<'tiou 
to  it,  and  mukee  it  oot  so  friTolons  89  liatU  Wen 
f«|i  reset!  ted. 

L.  C.  J,  Whtt  dr»  ytm  tiietti,  Mr,  KiHelhey  ? 
Mwc  is  ftothmff  asked  of  yoti :  you  do  di?iirt 
t(|  wave  «ud  witlidiaw  your  ptet ;  >ve  desire  i4« 
koovir,  if  vou  do»  whether  you  will  plead  by  ibe 
Qitne  a»  it  is  iti  the  indtctiuent? 

Mr.  KeUibty.     My  lord»  wt?  do. 

Alt.  Gen,  We  desire  lh<  |d -a  €>f  Not  Guilty 
may  be  amendedf  upon  the  consent  of  the  pri- 
•ooVr. 

Mr»  BHn[rtrford.  We  oflVr  now»  let  the 
|iiece  oJ'parcliiiieftt  be  eiilirely  aWU^ihetl,  take 
iieiiiirdy  out  of  the  way,  aud  wa  plead  Not 
Guilty. 

L.  "iC,  /.  Your  plea  moft  be  now  *  et  prtc- 
dict^  Christopherus  ikictu^  hie  ad  harraiii,'  ^c. 

iWr.  KiteiUff.     We  siihmit  it. 
■    PrutmtT,     I  desire  to  viithdraw  and  retract 
Ilie«iher  plea,  and  do  plead  Not  Guilty. 

L.C.J.  No,  it  uiust  he  mel1dt^d ;  yoo  will 
liear  hoiv  it  is  when  U  is  ulriick  out  and  amend- 
Itd,  ami  Iheu  y<^u  will  idl  us  whether  it  is 
lueuded  Acordiiiij  to  v»ur  iutent^  or  no. 

CI,  efthe  Cr.  '*  fit  pricdieiyfj  Cliriwtophenjs 
Layer  allocuiua  existeus  per  Cur*  hie  de  all' 
^roilitioii*  firiEdu*ta|>er  Indiciament^  piietliei'  ei 
•uperiu!i  iiiip4»i»it^  qoaliter  «*e  velit  lode  aci}uitv 
tail,  ideui  Christopheius  L:tvei'  diet t  quod  ip&c 
In  nulio  est  inde  culpnbiiiii  ct  tnde  de  botio  et 
tnalo  (Mtiit  se  super  patrtaiu/* 

X.  C.  J.  Is  this  accordiug  to  your  intention? 

Pnumer.    Yea. 

Serj.  Pcfjgetty,  My  lord,  I  behere  it  is  usual 
I  In  these  cases  ♦t>r  the  Couit  to*appoint  a  time 
ibr  (he  trial;  the  lust  return  hut  one  m  this 
tcrtn  is  the  19th  of  November,  so  if  you  please 
it  may  He  the  *  quarto  dte  (»ost,'  which  I  think 
la  Wednesday,  if  that  he  auiiuble  and  C0D¥e- 
^  iiient  to  the  Court. 

X.  C.  X     What  aay  yoo  to  it  ? 

Pri9oncr,     I   desire  your    lord&hip  would 

fire  uie  a  louv^er  tiny  to  preparf  for  my  trial, 
have  a  ^reat  number  of  witnesses,  twenty  or 
'  Xiiore,  most  of  them  peopit*  of  the  first  quality. 
\  1  hope  I  shall  hav'e  the  common  processes  of 
ttie  Court  III  bring  them  here  ;  and,  my  lord, 
Another  thing'  1  desire  is,  tbat  f  may  have  a 
Hiibees  i'orpus  ad  testificand*,  to  briD|<  my  lord 
North  and  Cirey,  and  my  lord  Orrery  at  my 
IriaL    That,  my  lord,  you  would  pleaiie  to  give 
Rie  as  long*  a  day  as  you  can  to  prepare  for  my 
trial ;  if  your  lont^hip  please  it  may  be  Mmi- 
'  d^y  the  26th,  and  tlien  your  lordship  will  hare 
ft  aay  of  rest  between. 

X,  C.  X    That  will  be  out  of  the  relurn. 
Mr.  Hungtrf'ord.    They  tnust  appear,  and 
I  then  may  be  atijoumed. 

X,  C  X     It  CBUuot  be  adjourned  over  be- 
t  jroud  the  return. 

Mr.  Kttelbty.     My  lord,  the  prisoner  hath 

(  fhewnthttt  hehnth  io  uo  rt*p*'cl  aftecled  delay, 

X.  ex.     It  caunot  be.     God  foihid  that  we 

•bould  deny  the  prisoner  to  hare  a  reasonable 

time  to  prepare  for  his  defence-,   it  is  three 

we^ktffom  Jbcwce;  ^ou  have  been  aware  of  it 


Trml  Gf  Chridopher  X ffyf  r,  [  ISS 

I  hing^  before;  you  have  known  the  indictment 
was  loond  ;  you  have  had  s»  copy  ok'  it ;  you 
have  known  your  chttrt^e;  and  is  not  all  this 
I  lime  enoujjh*.*  Consider,  the  term  dr«ws  to* 
I  ivard  an  end,  aud  it  interferes  wiih  the  com- 
mon b4tsines8  of  th«  term  if  we  carry  it  to  a 
farther  day  :  we  do  agree  the  Venirt^  to  be  re- 
turned Ociab.  Martini,  and  the  trial  tlien  moat 
be  the  *  quarto  die  po^t,-  i^hicii  will  he  Wed* 
aes<lay  the  '21aL  Aud  it  is  proper  tor  us  tfi 
give  yoo  an  intimatiori  now,  not  to  eX|K'<!l  any 
further  lime,  or  the  jury  to  be  udjounied  ;  do 
but  consider  what  a  multitude  must  be  bruughl 
n\t^  ei|r(ity  at  least ;  the  prisoner  bath  a  privi* 
le^e  to  challenge  35  pei'cmptorily,  aad  after^ 
fop  cause,  as  many  as  he  pleaMes ;  so  that  a 
great  autnlver  must  be  hn>ught  up ;  and  ioif 
Ihem  to  be  forced  to  attend  here  the  21^1,  %xA 
still  the  trial  to  be  put  uflf,  it  will  be  a  great  in* 
convenience  and  a  gi*eat  charce,  tht^refi^rc  lliai 
must  be  the  day  \  we  shall  not  consider  lo  put 
it  off  till  any  farther  time. 

Pritmier.  1  beg  leave  for  one  wnrd  more  j 
I  have  a  witoei^s  that  is  to  oouie  from  £din« 
burgh,  and  I  eou  Imrdly  have  him  here  by  the 
2 tat.  If  I  could  but  be  indulged  a  few  dajf 
longer— — 

X.  C.  J.  We  cannot  do  it  without  luakinj 
an  error  in  the  proceeilmga* 

Pri$on€r.  b  thei^  uo  other  returu  for  a  Ve- 
nire to  be  returnable  I* 

X.  C,  J.  No  ;  there  is  none  but  that,  804 
the  last  return  of  (he  tejtu  ;  and  it  is  impoatilile 
to  try  him  tliat  day,  without  doing  a  manrf^il 
wrong  and  injustice  to  the  people  of  EnglTind« 

Prisoner,  My  lord,  where  a  aian*8  life  is  at 
stake,  if  I  Kliould  not  be  itululged  over  till  the 
last  day  of  the  term,  for  want  of  a  witness  1 
may  be  in  danger  of  my  life :  1  hojie  therefof« 
your  lordship  will  please  to  indulge  me, 

X*  C.  X  You  have  had  a  great  deal  of  time 
already,  time  sufiicienl  to  bring  your  wittteM 
from  Ediiihurgh,  or  any  othei*  place,  aud  wa 
cannot  do  it.  To  put  you  oA' to  the  last  day  ^ 
the  term,  is  to  do  a  manifest  wrong  to  the  jieo* 
pte  of  England. 

Prisoner,  The  reason  why  1  mention  it  aver 
and  ovsr  again,  i^-,  because  1  would  not  giver 
your  lordship  the  trouble  to  be  turned  over  to 
another  day,  on  troubhog  your  lordship  witli 
a  til  davits. 

X.  C  J.  Vo  what  you  lay  beiure  us  as  mat* 
ter  proper  for  consideration,  we  shall  do  wbai 
18  just.  It  is  not  proper  for  y ou  lo  tell  us  what 
we  have  to  do,  and  to  make  bargains  with  os. 
Thai  is  the  day  of  trial ;  it  most  be  on  Wed- 
nesday the  tint :  your  counsel  wilt  tell  you  if 
is  im|>os«ible  to  comply  with  your  request^ 
without  dolug  the  maniiesteat  injustice  io  tba 
woild.  Or  else,  whether  to  try  you  upon  the 
yist,  or  in  two,  or  three,  or  four  days  ntr.r,  t 
do  not  think  the  consequence  worth  disputing  ; 
hut  we  cannot  do  it  without  douig  wrong  aud 
iujUHtict'  to  the  people  of  EtigUnd, 

Ptnoncr,  I  hope  I  shall  be  ludulged  two  CT 
three  days. 

X,  C*  X*  We  Gaa  aay  no  in^re^    TIm  taa§ 


High  Treaion* 

hmA  fbr  prepiiration  for  yaiir  trial  we 
tbaodanily  mlEcieut  tii  prepare  yourselfi 
fere  wc  are  of  oinnioo  tbat  tbe  trial  go  oti 
tktt  dmf  ;  and  we  order  it  acconlingl v* 
Mr  Ktitihof.     Your  lordship  will  pfea«c  to 
a  rtUe  ftir  bis  wife  and  sister  to  come  to 


A.  D.  1722, 


t.  C.  X  ^o ;  not  for  his  irife  and  sister. 

My  lord,  for  a  single  woman  to 

^  I  the  courts  and  tlie  gnanls,  to  be 

herself,  it  is  not  so  proper,  my 

C-/.     Yoti  shall  have  a  rule  from  the 

votir  wife  to  come ;  as  for  your  Btstor, 

Wve  that  to  the  direction  from  ano- 

We  must  not  be  too  forward  in 

women  to  come,  we  remember  an 

occmsinned  by  a  woman  comin*^  tliiihtfr. 

0rt».  There  must  be  a  rule  to  bring  him 

dav  of  his  trial* 

^Ibey,  '  My  lord,  as  to  having  his 

Corpus  ad  testi^caud'  for    ra^  lord 

an4  Grey,  and  my  lord  Orrery- 

L  C.  J,     You  mast  give  notice,  and  then 

as^e  miukl  you  please. 

Ilr»  Uut%g€rford.    By  what  was  said,  I  did 

y<i«iLis:u4i4,  I  must  confess,  that  though  the 
ll  was  tQflde  for  the  wife  only,  yet  that  it 
%bl  be  ift  the  power  of  tbe  gentleman  jailor 
fomiX  l»er  sister  to  come  with  her. 
£.»  C  J.  We  ifive  no  direction  concerning  It. 
_  c  will  have  a  rule  from  the  Court  that  will  be 
Im  ilti«ction»  unless  he  receifes  any  additional 
Anfiioii  from  auv  other  place ;  but  the  Court 
ti»ia  bis  wife  only. 

ilr-  Ktielbttf.  Ijiere  was  another  thing' men- 
iisMd,  tl»ai  he  may  have  copies  of  his  papers 
iktX  mtte  wixed. 

JL  C  J,  Gire  notice  for  what  you  think  fit, 
mik  more  it. 


iVopm^er '21,  1722. 


^K  Thisday  ChnstoitherLayer,  esq,  was  brought 
H!|i|b«<  lii*r  I.I  c'Hiftody  of  the  lieutenant  of  the 
W    TffWt.  1 -I nee  of  the  rule  »jf  Court  made 

I  fv  tliii  ,  -  i\  ill  order  to  bis  trial, 
I  CLf^  the  CV,  You  Christopher  Layer,  now 
I  alMiiwr  at  ibe  bar,  these  men  »liich  you  shall 
■  bar  oilM,  and  personally  uppeur,  are  to  pass 
I  lnwern  mir  «io?ereiirn  lord  the  king  and  you, 
I      y>  '  M«ir  hfe  and  death  :     If  you" will 

I      dalit  I,  or  any  of  them,  your  time  is 

b  chaJlini;^e  them  as  they  corner  to  the  book  to 
k  »n«Ti.  and  betbre  they  be  sworn* 
JTriiitrnife  Nurfon,esq* 

Mf.  Hungrfjofd.     My  lord,  we  desire  that 
liiirofu  m^y  be  taken  off. 

Im*  C-  J.     Vhe.  ironi  roust  be  taken  off;  we 
itin  iKil  trir  till  the  irons  are  taken  off. 

Prt*0iicr*    1  bope,  my  lord,  tliat  the  irons 
ihanbeimwukenoC 
JL  C.  J.  They  Khali  be  taken  off. 
Ifr  Hungerford.    Ttie  poor  man  bath  been 
ipprewied  by  these  chains,  that  be  was  not 
iBMi  to  pri-pare  his  brief     I  had  it  not  till  lafe 
Im  oigbt ;  and  ii  b  ten  sheets  of  pap^r* 
fOL.  XVh 


[120 

You  have 


AtL  Gen,    W hose  fault  is  that  ? 
had  time  enough. 

Mr.  llungtrjhrd,  it  is  the  fanlt  of  the  rrobs» 
Mr.  Attorney  ;  the  brief  was  not  brought  to 
loe  till  eleven  of  the  clock  last  night. 

X.  C,  X  rt  was  an  omission  ;  they  should 
hare  been  taken  off  before  he  came  to  the  bar« 

Alt*  Gen*  There  was  direction  giren  for 
their  being  taken  off  before ;  how  they  cam* 
not  to  be  taken  off,  I  cannot  telL 

X.  C.  X  Are  the  irons  taken  off  f 

Gent,  Jailor.  Yes, 

X.  C.  X  Go  on. 

CL  of  the  Cr,  Heneage  Norton,  esq. 

X.  C.  X  You  roust  call  over  all  the  Jurr, 

Mr,  Hungerford,  I  thought  they  would  ba 
all  called  oier  once,  before  any  one  is  endea* 
voiired  to  be  sworn. 

CI.  of  f  he  Cr,  They  hafe  been  called  oret 
already, 

Mr.  Hungerford,  When  P  Not  tince  the 
Court  sate,  I  am  sure.  I  would  know  whether 
the  intention  is,  that  nil  the  pa nn el  be  called 
over  before  any  one  of  them  is  sworn,  or  that 
the  pannel  is  to  be  calleil  orer  but  once,  ijind  the 
jurymen  sworn  as  they  thru  appear  ?  What  I 
have  observed  is,  tne  clerk  calis  over  the 
whole  pannel  first,  to  see  how  many  appear  ; 
and  then  calls  it  over  again,  and  swears  them 
as  they  answer  to  their  names,  if  not  chal- 
lenged. 

X>  C.  X  W^hat  you  observe  is  whai  bath 
been  done  at  the  Old  Bailey ;  there  they  call 
them  over  first ;  and  then  they  call  them  over 
again,  and  as  Uiey  appear  they  are  sworn  pre- 
sently.  But  by  the  course  of  the  Court  iiere 
they  are  call^l  OTer  before  the  Court  is  silting, 
aniTthey  mark  those  that  appear.  That  is  not 
sufficient;  but  they  are  called  over  figain  in 
court,  and  then  their  apnearunce  and  non-ap- 
peanirice  being  marked,  they  do  call  lliose  ever 
again  that  did  appear ;  and  as  one  appears,  if 
there  is  no  ohjeetmn  to  htm,  he  must  be  sworn. 

Mr.  Hungfrford.  1  have  observed  them  to  be 
called  over  when  nobody  is  by,  in  civil  casest; 
hut  in  such  a  case  as  thta,  a  case  of  high-trea- 
son, where  peremptory  challenge  is  allowed^ 
it  is  some  guide  to  the  prisoner  tn  making  bis 
challenges,  to  know  bclore-hand  who  du  and 
who  do  not  appear. 

Mr.  Keielbey,  My  lord,  with  submission,  ta 
all  criminal  caises,  there  is  no  other  method 
than  calling  over  the  pannet  according  as  it  is 
transmitted  mto  court.  It  is  probable  several 
of  the  jurors  who  did  not  appear  at  I  heir  being 
called  over  before  the  sitting  of  tlie  Court  will 
now  appear  ;  and  therefore  what  we  pray  is, 
that  the  whole  pannel  may  be  now  called  over 
in  the  order  as  it  stands,  not  tmty  those  who 
answered  to  tbe  Hrst  call,  but  those  also  who 
then  made  default. 

Att.  Cen.    1  can't  imagine  what  Ihey  mean. 

X.  C  X  Thin  debate  arises  from  not  under- 
standing one  another :  You  have  the  direction 
fd*  tlie  Court ;  the  pan  net  is  to  be  called  ojer« 
if  any  man  doth  not  appear,  bis  default  is 
marked  and  rcc^irded.    IVheu  aav  ane  doiU 

K 


9  GEORGE  I. 


Trial  of  Christopher  Layer, 


cm 


I 
I 


tppear,  tod  be  is  ool  cballeog^,  h«  if  t(»  be 

Mr.  Ketelhey*  T  came  tbrouf^h  the  ball  jutt 
DOWf  and  there  is  lucb  m  crowd  that  it  is  alnrMivt 
impocsibte  for  any  one  to  bear  wheo  Ibey  are 

FrUoner.  My  lord,  1  hope  they  thall  be  once 
called  over  i^^forc  they  come  to  be  twcirn  ;  for 
•a  to  tbeir  bem|r  culled  before,  that  was  before 
I  came ;  it  will  spend  but  a  little  ttine  to  read 
Of  er  forty  or  fitly  names. 

L,  C.  X  Call  them  over.  J  would  not  deny 
MY  thing  that  is  desired  in  reaaoo  by  or  on  the 
prtsoaer'a  behalf;  consider  what  yoti  are 
doiDg;  the  prisoner  hath  bad  a  copy  of  the 
paimei,  he  hath  exumiDed  it,  and  considered 
who  are  proper  for  bim  to  challentje  peremp- 
torily»  and  be  Lath  considered  who  they  are 
that  he  may  cballeoge  with  cause. 

I  eanuot  imagine  \  it  ivos  never  done  in  tbia 
world  i  We  have  asked  our  officer :  They 
ought  to  call  over  all  tlie  pannel ;  but  if  they 
do  not  appear^  their  default  is  marked ;  if  they 
do  appear,  the  prisonei'  knows  whether  he  likes 
them  or  not* 

Therefore,  when  they  come  to  tlie  bar,  if 
not  challenged  Uiey  must  be  sworn. 

Consider  what  this  demand  is :  we  shall  be 
An  hour  calling  them  over  the  flrHt  time,  that  it 
may  appear  to  the  prisoner  whether  they  ap- 
pear or  not ;  then  afterwards  you  are  to  call 
tbem  over  again,  and  to  have  them  brouq:ht  itp 
Again  when  they  come  to  be  sworn.  But  tf  it 
ever  hath  been  done,  it  js  fit  it  should  be  done 
now  ;  but  our  officer  tells  us  it  never  was 
done,  and  why  Bhoold  you  insiHt  upon  it  now ; 
you  have  had  all  the  indulgence  the  law  allows 
yon. 

Prtiower,  I  have  not  had  a  copy  of  the 
pannel  above  two  days  be  (ore.  Here  hath  been 
in  this  cause  nil  the  vile  practices — 

L,  C  /.  You  must  keep  within  due  and 
proper  bfioods.  You  are  come  now  to  be  tried 
for  an  offence  you  are  charged  withal ;  but  you 
•re  not  to  an'aign  and  challenge  every  body 
^se  ;  you  have  no  right  to  do  it.  If  in  proper 
time  it  appears  you  have  been  ill  used,  the 
Court  will  do  you  justice,  and  [finish  tbose 
Ibat  have  been  guilty  of  any  misbehaviour. 

Serj.  Pengetiy,   My  lord,  if  they  liave  any 

objection   to  the  jury,   they  are  to  challenge 

^Ihem  peremptorily,  wben  the  jury  cx^me  to  Be 

iworu.     Then   is  their  liiDe;  they  are   not  to 

ntprtain  the  Court  with  speeches  before. 

L.  C.  J*    No,  it  is  not   pro^^r. — Consider 

bow     unreasonable    it    is   lor    the     prisoner 

.to    arraign    Bumebody^s    iiiisbebaviour    witk- 

lint  namiog  him.     But  in  this  method  he  is 

infkiniuiting  objections,  %rhtcb  we  cannot  era- 

J  mine  whether  they  are  true  or  false,  on  purpose 

|to  captivate  |>eople  *»  and,  it  ulay  be,  mialead 

bem  in  tite  trial  of  the  cause. 

Mr.  Ketelbe^^  As  I  came  in,  1  observed  that 
|sU  the  avenues  to  tlie  Court  are  barricadoed 
ftp,  and  only  a  narrow  place  lef\  ou  the  stone 

eps,  and  a  guard  kept  there  to  keep  out  wboin 
tbey  da  not  tbiuk  fit  to  lei  in. 


Att*  Gen*  1  know  nothing  of  it ;  and  I  daft 
say  Dobodv  will  give  ^aoy  countenance  to  bin« 
dering  either  jury- men  or  witnesses  ooniiQg 
into  court,  when  their  Attendance  is  lequtrM 
here. 

Mr.  KeUlhfy,  I  bad  much  ado  to  get  la 
myself. 

X.  C.  X  There  shall  be  due  care  taken,  ibM 
any  of  the  jury  that  appear,  wc  will  order  wmy 
to  oe  made  for  them. 

Mr.  Hungcrjord.  My  lord,  I  will  lake  up 
but  very  little  of  your  time  in  this  matter  ;  J 
find  1  was  not  understood  before ;  that  which  I 
contend  for  is,  that  the  pannel  be  read  tlirougd 
once  in  tbe  prisoner's  preaeucei  to  see  wliat 
jurymen  appear,  before  any  j ury naiii  ti 
sworn.  Tbe  prisoner  hath  a  right  to  challtig^ 
thii'ty-five  peremptorily,  (»r  without  aasi^;iiaB^ 
any  cause  at  all  Now,  my  lord,  this  i«  » 
favour,  an  indulgence  granted  to  bim  by  hitr, 
and  he  is  themfore  entitled  to  it  iu  justice.  II 
is  of  great  use  to  the  prisoner,  in  order  to  eojoj 
tbe  true  benefit  of  this  iodulgence  that  the  law 
gives  bim,  that  bf  knows  who  doth  and  who 
doth  not  appear ;  for  this  reason  perbajis^  if 
be  did  know  that  such  an  one  appears  he  will 
take  bim^  and  tf  he  knows  that  such  an  one 
appears  be  will  challenge  him.  And  if  he 
know  that  such  an  one,  who  perhaps  staoda 
low  in  the  pannel,  and  of  whom  he  has  a  good 
opinion  for  being  an  honest  tiian,  will  appear, 
he  will  challenge  as  many  as  be  can  of  ttie 
preceding  |)ersons,  iu  order  to  have  him,  thai 
honest  man,  of  his  jury.  And  as  tn  the  time 
the  reading  of  the  pannel  will  take  us,  (though 
by  the  way  it  might  have  been  over  by  this 
tiTne)  I  am  sure  your  lordship  and  the  Cimrl 
will  not  regard  what  proportion  of  i)m«*  vOO 
f  parp  us,  to  let  the  prisoner  enjoy  the  beiieffl  of 
tlie  law  iu  this  case,  and  to  have  a  full  n)joy. 
ment  of  the  indidgeuce  of  the  act  of  parliament 
in  its  full  latituile,  that  lie  m:ty  know  and  jutjge 
(as  far  as  the  law  liath  euabletl  him,)  u  ho  is  to 
pass  upon  him  as  Iu  his  life  and  death.  I  l»rg 
therefore,  my  lord,  tbiit  the  whole  pannel  may 
be  called  over  once  before  the  prisoner  ia  put 
to  challenge. 

Fntoner,  My  lord,  what  we  humbly  move 
for  is  what  is  every  day  done  at  tbe  Old-Badey, 
that  they  may  be  once  called  over,*  All 
1  desire  is  what  ia  done  there,  and  by  tbe 
same  reason  ought  to  be  done  here  in  the  tmk^ 
case  where  a  man's  hfe  it  concerned.  I 
humbly  move  it  that  they  may  be  called  of  er. 
L.  C.  J.  We  shall  grudge  no  lime  to  do  tbt 
king  and  you  jiutice.  It  is  dangerous  to  nia|c« 
a  precedent,  an  innovation:  But  if  you  deair* 
it,  I  do  not  fiud  tbe  king's  counsel  object  to  Ik 

[Call  over  the  Pannel.] 

\''ou  do  not  expect  all  should  be  brongbl  into 
courts  but  only  to  know  if  they  do  appear  ? 
Mr.  Hun^etford  and  Mr.  Kdetbtv.   No,  ao, 
L.CJ,  Tfie  prisoner  hatha  solicitor;  let 

^  See  Leach's  Hawkins's  Plena  oftbeCrOiTD, 
book  2,  c.  iO,  §  4. 


155]  for  High  Treoiom. 

tttatkody  If*  dnwn  npofi  the  stepi,  the  soli- 

cite  hm  fimeut,  anr|  tlii^ii  liv  will  hear  who  do 

md  wtHi  flo  i>f*l  mfifiear. 

Mr.  Hungrrford,    Wc  humbly  thank  your 

ihi»   is  a  real   imluli^ence,  and  w 

ttl^  ibiuik  your  lurdnlMp  i\»r  it 

.  if  the  Cr.  calls  over  the  whole  paonel.] 

To«  the  nrisoner  at  the  bar,  these  men^ 

Mr.  iiUihey.    If  yaor  lordship   fleaKes  to 
ay  «i  the   suUciior  comes  ta,   because  be 
l^milatf  to  observe  wbodld  appear,  and  who 


A.  D.  1722. 


[134 


MtaMienr, 
L^dteCr 


Henenge  Norton,     Have  you 
i   year  freehold  and  copyhold  in 
of  Essex? 


I  have  no  freehold,^  only  copyhold. 
flea  be  was  set  anide.] 
Mb  \%  ilka*    [Asked  the  same  questioo^ai 

^ntali  tb«  others  who  appearfd,  before  they 

veeoiber  eballeii^'ed  or  aw  urn.] 
^hmmtr.  I  challenge  hiro. 
CLfiUCr.  MatkFroit. 
iViwiier«  I  chatlenge  bim. 
C2L  tflkt  Cr,  Thomas  Clarke* 
Jiissmii.  I  do  not  cfaslleD^  birn. 
Criir.  Tbofnaa  Clarke.     [Sworn*] 
CLtftkeCr.  Heory  Longbotbain, 
FHttmer,  I  say»  i  tbink  his  oaroe  is  wrong 

.  Urn  Oeun  We  are  not  now  upon  exceptions 
iv  asia*s|}dliDg^.  If  his  uame  is  written  as  he 
k  SMiUy  cftlJed,  it  is  ri^ht. 

Fritmer,  He  says  his  oame  is  witb  an  ^, 
ud  il  IS  wrviteo  here  with  an  d.-f 

JL  C  J*  Doth  the  copy  delivered  to  you 
I  with  the  panneJ  f  if  il  doth,  as  long  ae  it 
t  the  sanne  sound  it  will  do* 

Frimnrr,  With  bumble  subniissioo  in  the 
ate  of  Francia  there  it  was  allowed. 

Mr*  Hunger  ford.  My  lord,  it  is  not  the  same 
vsutid,  LoQgbotham  and  I/>n|(l>othom,  and  in 
Pkaiko«*a  ciise  the  differetice  of  a  letter  was 
iiawrii  to  be  a  good  excentiun. 

L,  C,  J-  You  are  by  Ia»v  to  have  a  copy  of 
the  paoQel  delivered  to  you  i  if  that  pannel 
tirica  from  the  other,  it  is  a  just  exception  ; 
laiif  you  object  aofaiost  a  jury-roao  because 
lisiMifie  i«  not  rigbt  spelts  and  that  baib  the 
MBe  protitmciation,  and  be  may  be  called 
Wmn^meM  ooe  mad  iometioaes  anotlier,  it  ti 

iHUcOOIIffll* 

Kr.  Ketelbcy.  My  lord^  as  to  this  objedioii, 
V'Uif^r  the  Longfootbftui  ia  rt^ht,  or  the 
Ii<H^lii»iP^  wbetber  it  is  with  ao  a  or 
ttef 

CLmfUkeCr,  You  mistake,  it  is  Loogbo^ 
iBoi«  «iid  not  Lnn^bothom. 

The  last  should  be  an  o  laalead  of 


IP  m,  fjMiehotbam  f 
LC^ Therefore  i 


!  we  will  ask  the  fj^entle- 
bow   his   name  is  usually   pronounced, 

•  »fc  Lw^b'a  Hawkins's  Fleas  of  the  Crown, 
lioki^e.  43,  §  19. 
i  9m  £«ii'i  Pl<fl«  of  the  CrowD,  cb.  2,  |  50. 


whether  it  is  not  pronounced  sometimes  Long- 
bothoni  as  well  as  Lon^Uothain  ? 

Lon^iothonu  Ye$,  my  li>rd^  it  is* 

Prii,  He  tmyn  be  spclb  bis  name  with  an  O^ 
and  here  it  is  with  an  a, 

Longboihum.  I  always  spell  my  natne  with 
an  o,  but  my  k tiers  are  generally  directed  to 
me  with  au  a* 

Mr  Hungtrford.  He  hath  a  copy  of  \\m 
pannel  debveied  him  by  virtue  of  the  act  of 
narliitineiit ;  if  the  c^»]»y  (>e  not  a  true  copy,  it 
14  nut  right  accordiug  to  the  directioa  of 
the  act. 

L,  C.  X  Right 

Mr.  Uufigerford,  Now  the  pannel  which 
the  pribuner  htiili  is  Kpell  with  mi  a^  and  the 
pannel  of  which  this  is  a  pretended  copy,  is^  I 
take  it,  spelt  with  an  o, 

Ci.  (if  the  Cr,  Nn,  they  arc  both  spelt  alike* 

L,  C.  J.  You  know  ii,  gent)eifieo,asweU  aa 
can  be.  Don't  let  us  spend  time  where  th«re 
is  Aotbing  in  it ;  we  will  bear  what  is  prosier 
fur  our  coustderatioo,— SupiKise  a  man  is  called 
and  writ  someliroes  Longoothom,  and  soiQe^ 
times  Ijougbtrthtin ;  anti  suppose  he  was  cabled 
by  either  of  these  names,  may  he  not  therefore 
be  called  by  one  as  well  as  the  other  ?  Is  that 
an  object! ou  to  say  he  writ  with  au  o,  but 
people  write  to  him  with  an  a  1^  There  is  uo* 
thing  at  all  iu  it* 

Prisoner.  Then  I  challenge  him* 

CL  of  the  Cr.  Isaac  Buxtoo. 

Fritoncr.    I  challeugc  him. 

CI,  of  the  Cr.  Kicbiiid  Scot. 

Frisoner,    I  ch a  1 1 enge  hi m . 

Cl.  of  the  Cr,  Jubn  Wormlaylou. 

Prisoner.   I  challenge  him. 

CL  of  the  Cr,  John  Andrews. 

Friioner,  I  don't  challenge  him* 

At  I.  Gen.  1  challent^e  him  for  ibe  king, 

Cl,  of  the  Cr.  Thomus  Waterbouse,  Htepheil 
Huff,  John  Thorowgood,  Christopbtr  Baily* 
Cbailengcd  by  tlie  prisoner* 

C/^' Me  Cr.  Isaac  Patter.    (Sworn.) 

CL  of  the  Cr.  William  Lord* 

Friioner*  I  challenge  bim» 

CL  rfthe  Cr,  Heeekiab  Hay  nee.     (fSwam.) 

CL  of  the  Cr,  Ttiomas  Hecklordy  jun. 

Prisoner,  I  ehallenge  him, 

CL  rftheCr,  Rtchard  Wajjlett. 

PriMoner.  1  don*t  challenge  him. 

Ati.  Gen,  T  challenge  him  for  tlie  king. 

Mr.  Keteibetf.  Mr.  Attorney  is  pleased  to 
challenge  him  tor  the  king  ;'  we  bumbly  io- 
eist  on  it,  that  Mr.  Attorney  is  to  shew  bii 
cause  of  challenge  immediately,  t  own  it 
has  been  otherwise  in  one  or  two  late  in- 
stance* ;  but  I  submit  it,  if  that  practice  sliould 
prevail,  whether  the  act  of  pari  iu  men!  made 
on  tliat  occasion  would  not  be  in  etlVc-t  thereby 
abrogated,  the  act  is  the  33  Edw.  I,  and  the 
words  of  it  are :  **  If  they  thai  sue  for  the 
king  will  challenge  any* juror,  they  shall 
assign  of  their  challenge  a  catrse  certain,  and 
the  truth  of  the  same  shall  be  iu<|uired  of  ac- 
cording t4>  the  custom  of  the  Court,**  Now, 
my  k»rd,  1  beg  leave  to  obeerve,  upon  thta 


155] 


9  GEORGE  L 


Trial  nfChrutopher  Layer^ 


[136 


■      pwinel  there  are  a  httadretl  and  cwld  persons ;  \  the  king  or  the  prisoner  challenge  liim,  they 
if  Mr.   Attorney  is  not   obligfed  to   shew   his     mav  do  it  before  he  lav  his  hand  op  the  book* 


I 
I 


I 


if  Mr.  Attorney  is  not  obligfed  to  shew  bis 
fjauseoPcbaMeuge,  when  he  challenges  for  the 
kiii^i  till  all  the  pannel  is  je^onc  through,  this 
act  of  (larhament  will  be  of  no  Talidity  what- 
•clever*  If  there  bad  been  but  a  few  returned 
(^It  or  such  a  nunil>er)  then  there  mlg^bt  hav« 
iHsensorne  colour  for  gx)iug^  through  the  panuel 
before  ibcre  was  any  cause  assigned  for  the 
challcofje  ;  but  since  this  modern  practice  has 
obtained  to  make  so  numerous  a  paunel,  if 
tbey  are  not  obliged  to  shew  cauie  till  the 
pnnnel  is  gone  through,  that  law  is  entirely  a 
tie  ad  letter,  and  of  no  siguiticancy. 

X,  C,  /.  You  know  your  objection  is  of  no 
falidiiy ;  you  cite  an  act  of  parliament,  and 
you  know  the  constaot  practice  is  againnt  you. 

Just.  Eyre.  Though  the  counsel  for  the 
king  mustassigo  their  cause  of  challenge,  yet 
they  are  not  obliged  to  do  it  till  the  panuel  ii 
gone  through,  and  the  Jury-men  returned^ 
who  are  not  challenged,  are  all  sworn  :  this  is 
m  rule  laid  down  in  Hale's  Pleas  of  the  Crowo, 
and  has  been  always  the  coostant  practice  in 
cases  of  this  kind. 

Mr.  Hungtrford*  What  your  lordship  di- 
rect^ ia  the  last  case  is  certainly  precedented  ; 
but  I  would  propose  it  as  a  convenience  that 
tlie  Attorney  t*bonld,  as  he  is  every  %*ays  en- 
titled, hare  the  precedence,  and  might  chal* 
leuge  tirst,  and  tnen  we  will  determine  after 
Jiim. 

if  C.  J.  No,  we  must  not  do  that, 

C/.  o/'(AcCr.  John  Lowry.    (Sworn.) 

CL  (rfthc  Cr.  John  How.  Set  aside  for  want 
of  freeliold. 

CL  Qj'ihc  Cr,  Tbomaa  PratL    (Sworn.) 

CL  of  the  Cr.  Richard  Rogers* 

Prisoner.  1  dtvn*t  challenge  him. 

AU>  Gen.  J  challenge  him  for  the  king, 

a.  of  the  Cr.  Edward  Pleraon,  Thomia 
Bland,  William  Spiiltimber,  Ale.xander  Weller, 
Thomas  lland^  John  English,  Joseph  Unwin, 
Ceorge  Fry©,     Challenged  by  the  prisoner. 

CL  if  the  Cr.  Weston  Stileman, 

PrU&Htr,  1  don*t  challenge  him. 

Alt.  Gen.  I  challenge  him  for  the  king. 

CL  of  the  Cr.  John  Crush, 

PriiOfter,  I  donH  challenge  liim« 

Ait.  Gen.  1  challenge  him  for  the  king. 

CLoftheCr.  Thumas  Howlett. 

Prisoner.  I  challenge  him. 

Serj.  Pengelty.  I  douH  know  this  meiliod  of 
woceeding:  if\he  prisoner  makes  anychal- 
lenge,  it  must  be  before  he  comes  to  the  book 
io  be  sworn  *,  but  when  he  comes  to  lay  his 
hand  utiou  the  book,  be  is  too  late  to  chal- 
lenge I  lien, 

Prutoner.  Whenever  I  make  a  full  stop  and 
doD*t  say  I  challenge,  you  do. 

Att.  Gen.  My  lord,  the  prisoner  is  to  declare 
whether  he  challenges  or  not ;  afterwards  the 
kiiig*s  counsel  are  to  declare  whether  they 
chiilleop^e  for  the  king,  and  the  juryman  is  not 
to  put  his  hand  on  the  book  till  then. 

X.  C.  J.  He  ought  uot  to  put  his  hand  on 
Ibe  boiik  till  be  is  allowtd  a  jur^  ibed  ;  that  if 


may  do  it  before  he  lay  his  hand  on  the  boolu 
CL  qfthe  Cr.  Joseph  Capon* 
Prisoner.  I  don^t  challenge  him. 
Alt*  Gen.  I  challenge  him  for  the  king. 
Wr.    Hunger  ford.    More   have   been  chal- 
lenged for  the  king,  than  hath  been  known  i 
any  public  trial  in  my  remembrance. 

Ait.  Gen.  1  am  surprized  at  this  observt 
tion,  when  the  king  has  an  undoubted  right  i 
challenging  whom  he  pleases,  v^ithout  shawL 
cause  till  the  panuel  is  gone  through. 
L.  C.  J*   It  is  always  done. 
CL  of  the  Cr.  John  Clarke. 
Prisoner.  I  challenge  him. 
CL  tfthe  Cr,  William  Chandler, 
for  want  of  freehold. 

CL  of  the  Cr.  William  Burrows. 
Prisoner.  I  challenge  him. 
CL  of  the  Cr*  Francis  Aylelt,  sen. 
CL  of  the  Cr*  George  Bailey.  Johnl 
Thomas  Ruggle.    Challenged  by  the  pr 
(The  prisoner  spoke  to  the  juryman.) 

SqL  Gen*  My  lord,  it  hath  Wen  intimatedl 
the  prisoner  once  already,  that  he  ougbl 
propose  his  questions  to  the  Court. 

X.  C.  J.  You  are  to  ask  no  cjueslions  you 
self,  if  you  will  tell  us  the  question,  we  ' 
propose  it. 

Prisoner,  Only  lo  know  how  he  spelb 
name. 

C/.  of  the  Cr.  William  May,  Abraham 
Challenged  by  the  prisoner. 

Mr,  llangerjord.  My  lord,  it  will  be  of « 
little  use  to  know  for  certainty  how  many  I 
hath  challenged  \  they  differ  here  in  the  coa 
putalion. 

CLofiheCr,  He  hath  challenged  28 
remptorily, 
CLofthe  Cr.  Nathaniel  Wessley. 
Prtwner.  I  don't  challenge  him. 
Att.  Gen.  1  challeDge  him  for  the  king. 
CL  of  the  Cr,   Benjamin  Rutland. 
Prisoner.    My   lord,    I  desire    he  may  hm 
asked  uhelher  he  doth  not  farm  somethbg 
under  the  king,  or  on  the  forests 

L.  C.  J.  U  it  was  of  any  service  to  j^ou  it 
should  be  done ;  but  if  it  is  so^  ii  m  no  ob- 
jection. 

Mr.  Kctelbet/.  The  objection  was  once  made 
in  the  case  of  sir  William  Perkins.  It  was  re* 
commended  to  tlie  kin^E^s  counaeK 

X.  G.  J.  I  deny  it.  It  was  not  recomniended 
to  the  king^s  counstj],  but  the  king's  counsel 
did  not  insist  upon  it. 

Just.  Fartescue  Aland.  The  Court  in  thai 
case  gave  their  opinion,  that  to  be  a  servant  to 
the  kmg  is  no  good  cause  of  challeugc,  and 
my  lord  chief  justice  Holt  and  Trehy  werw 
present,  and  Mr.  Attorney- General  did  not  in* 
sist  on  the  juryman  so  cliallenged,  but  wavea 
the  matter  without  any  recommendation  of 
the  Court, 

Mr,  Kctelbet/.  I  know  no  other  ways,  than 
if  Mr.  Auoniey  will  do  it,  as  it  was  done  in 
that  case. 
Mt*  Ofii«  1  know  nothing  of  tba  fact. 


for  High  Treason. 

X,  C  X  Wlmt  do  you  do,  do  you  cliatJeo^ 
hm  or  mo  f-^FHumtr,  I  ctialleoge  him. 

CL  4>ftke  Cr.  Afeacaoder  Marshall,  Thomas 
Mkr.     CKftlleoffed  by  the  prisoner. 
CL  mf  the  Cr.  John  Blitli<^ande. 
^  Mr.  Hmm^trf<yrd,  My  lord,  he  is  searching 
*  '  m  p«|iir  »  he  challetiij^es  him  for  cause. 

My  lord,  what  I  have  to  offer,  is, 

Mr*  Milhgraude  hath  been  heard  to 

be  came  here,  that  I  ought  to  be 

D«t  J  apprehend  that  is  good  cause 

png  him^  if  1  make  it  out, 

David  Martin  called. 

Yon  thaJl  true  answer  make^  Sec* 
Hnn^trford.  Do  you  know  Mr.  Milti- 
r^ — Afcrttn,  Yes. 

Uuagerfi>rd,  >Vhat  hate  you  heard  him 
\  oocicerning  the  prisoner  at  the  bar  ? 
Hvtn.   1  beard  him  io  conversation  say, 
tell  bf^ped   he  should   be  banned,  for  he 
kieurf  be  was  g'uilty. 

ifr*  H^tngtrford.     Tbi«  objection    sure   is 
tj|^    f  Mr.  fttdtifrande  was  not  sworn.] 
ay  i&c  Cr,  Robert  Walker. 
ffiimtr*   I  challenge  him. 
CLjafike  Cr.  William  Nicholson.  (Sworn.) 
*  *  Bly  lord,  1  have  very  near  all  my 

I  tbiok  they  may  go  on  as  they  are 
Mr.  Attorney  will  challenge  uo  more. 
Ait*  Gen,  You  may  go  on  your  own  way, 
1  fWI  ifialte  oo  barga  ms  wit  h  y  o  u . 

Mr.  Kttftity,  We  do  not  offer  any  bargain, 
b«l  osW  an  eiuedient  to  save  the  time  of  ihe 

Id.  ^lAe  Cr.  Nicholas  Freeman. 
J*ri$oner.  1  challenge  him. 
CLvfihtCr,  Christopher  Hill.     (Sworn.) 
Cr.  €f  the  Cr.  Stephen  Wood. 
Prmntr,     I    thiok   I   hafe  done    ftU    my 
cMlaifM 
CL  if  l4<  Cr,  You  ha?e  two  more. 
Prmmer,  Let  them  lake  them  then  as  they 
r 


Att*  Gen,  1  challenge  him  for  the  king, 
O.  of  (h€  Cr.  RichanI  Bridge. 
^rimn^r,  1  cballeoge  him. 

Si  set  ftjiide  by  consent,  by 

CL  oftL  Cr.  Robert  Barnartl    (Sworn.) 

CAW'fArCr.  Leonard  Beti net. 

himmtr,  I  do  not  challenge  him. 

Aii  Gtn,  1  cbdlenge  him  tor  Ibe  king. 

GifflAeCr.  WitliamSandford. 

fhiuner.  My  lord,  1  have  the  same  objection 
Ute  fjcfitlemau  as  to  rhe  other;  he  hath  de- 
lipid  hb  opinion  t»efore-hanil^  and  that  he  must 
mkit  a  ftacrttice  of  me, 

L,  C.  X  Coll  your  witness* 

Mr.  Martin  sworn, 

*^     "^uthty.    Mr,  Martin,  do  you  know 
^iinduird  of  Rumford  ? 

^i  Hare  you  had  any|iliscotirse 

witli  M..I*  ^.nM.i  the  prisiiner  at  the  bar? 
M&nm.  He  iaid»  before  he  was  summoned 


A.  D.  Vm. 

on  the  jury,  that  if  be  was  one  of  the  jury  he 
would  \w;  for  hanging  of  him.    (Set  a^iide.) 

Ci,  of  the  Cr,  Thomas  Waters. 

Prisoner,  Sir,  I  apprehend  I  have  challengt 
thirty-tire. 

CL  of' the  Cr.  Y'ou  have  one  more. 

Prisoner,  I  will  challciige  no  more,  let  them* 
go  on. 

CL  of  the  Cr,  Tbomis  Waters,  Richard 
Gray*    (Sworn.) 

William  Whealley. 

Mr.  Hungerford,  I  hope  that  what  I  am 
going  to  offer  is  proper.  There  is  some  little 
doubt  how  fu  he  is  gone  in  his  challengea,  it  ia 
said  he  hath  one  more,  if  the  Court  would  in* 
dulge  1)5  so  far  as  to  let  the  persons  challenged 
be  called  over. 

CL  of  the  Cr.  It  is  impossible  that  we  should 
mistake. 

Mr.  Nuttier  ford.  You  say  he  bath  one  more? 

CLoftheCr,  Yes. 

CL  of  the  Cr,  William  Wheatly,    (Swora.J 

Then  the  twelve  Jurors  who  were  swoni 
were  couuteil,  aud  their  names  were  as  follow^ 
viz. 

Thomas  Clarke,  Wm.  Nicholson,  esq. 

Isaac  Potter,  Christopher  Hill, 

Hezekiah  Haynes,  Robert  Fiaruard, 

John  Lowry,  Thouias  Waters, 

Thomas  Pratt,  Richard  Gray, 

Francis  Ay  I  ett,  William  WheatJy. 

a,  rf  the  Cr,  Cryer,  make  proclamation. 

Cri/er,  O  Yes  I    If  any  one  can  inform,  &c. 

CLqftheCr,  Christopher  Layer,  holdup 
your  hand.  Gentlemen  of  the  Jury,  look  U|»oq 
the  prisoner,  and  hearken  to  bis  cause. 

He  stands  indicied  by  the  nanje  of  Chria- 
topher  Layer,  late  of  the  parish  ol  8t.  Andrew*! 
Holhonn  ui  the  county  of  IVliddlt^eic,  esij.  for 

that  hr»  Sec, -Upuo  this  indittmeiit  he  h:ith 

been  lately  arraigned,  und  titereunto  hath 
pleaded  Not  Guilty,  aud  for  bin  trial  htttfi  put 
litmHetf  upon  God  aud  the  cuuntry,  i«hLch 
country  you  are.  Your  charge  is  lu  t^mjuire 
whether  he  be  guilty  c4  thjH  high  treason,  ia 
maoner  and  form  an  he  ^aiids  indicted,  nr  not 
guilty.  If  you  find  htm  purity  vuu  »hidl 
enquire  uhat  gotnts  or  chatl^K,  lamU  nr  lene- 
ments  he  had,  ai  the  time  uf  ihe  niiid  hii^h* 
treiison  committed,  or  at  an\  time  nuice.  If 
you  iiEid  him  not  guilty,  you  shall  ^riquire  whe- 
ther he  tied  lor  it.  If  yon  And  thu(  lit^  did  t)y 
for  it,  you  shall  enquire  of  his  giwKls  and 
chatteh,  as  if  you  hud  found  him  gitilty.  If 
you  find  him  not  guilty,  ainl  that  he  did  notdj 
for  it,  say  so,  and  no  mure,  and  hear  your  ert- 
denee. 

Mr.  Wearg.  May  it  please  your  lordship, 
and  yoii  geoilemei*  of  ihe  jury,  this  is  an  in» 
dii-tmeut  agaiusi  the  prisooer  tor  I ii[^ti* treason. 
The  itiilictmeut  sets  forth,  that  he  being  a  stib- 
jert  of  his  present  maji^sty  king  George,  but 
not  having  the  fear  of  God  in  his  heart,  nor  coo* 
sidering  ihe  duty  of  hi»i  allegiance,  as  a  fiilse 
traitor  agaiust  his  supreme,  tine,  lawful,  and 
undoubted  lord,  co&lh^ib^  vcuWi^  V\^  ^Vgq^mX 


M 


of  his  power  inteodiug  io  dian|^«,  alter  ind 
SYibveit  llie  governtueat  of  ibis  kiugdom,  law- 
fully  at^fl  happily  established  under  his 
pn^eiit  iniijefity,  and  ta  depose  and  deprife 
Dki  said  iimje&ty  of  his  title,  honour,  royal 
estate  atid  Kfoveroineut  of  Ihit  kingdom  ;  and 
tp  advaoce  Io  ihe  crown  and  govern  ment  of  this 
realm,  the  person  in  the  life  of  the  late  king 
James  «,  pretended  to  be  prince  of  ^Vales, 
and  after  the  decease  of  the  said  king  James 
pretending  to  be,  and  taking*  upon  himself  the 
atiie  and  titlt;  of  kin^;  of  Mn^laud^  by  the  uarue 
of  Jam^  3,  did  upon  the  '25th  da)r  of  August 
in  the  ninth  year  of  his  present  mnjesty  ^8  rcjt^n, 
lynd  at  several  other  days  and  titrtes,  at  Laytoo- 
fitone^  in  the  county  of  Essex,  falsely,  nialici^ 
0U^ly,  and  traitorously^  compass,  imagine*  and 
mlend  to  de|)oi(e  our  said  sovereign  lord  king 
George,  from  his  litle,  regal  state  and  govern - 
ment,  sud  the  aoid  king  to  kill  and  bring  to 
utter  destrurtion. 

The  Indictment  further  sets  forth,  That  be 
the  said  Christopher  Layer,  to  perfect  and 
bring  to  effect  his  treason  and  traitorous  pur- 
poses, on  the  said  lj5th  day  of  August,  and  at 
aeveral  other  days  and  times,  at  Layton-8tone 
aforesaid,  together  with  di%ers  other  false 
traitors,  to  the  jury  unknown,  did  falsely, 
iDaliciously,  and  traitorously  meet,  consult, 
conspire  nnd  agree,  to  move  and  stir  up  an  in* 
■urrectionand  rehellion  inthiis  kingdom,  against 
our  ssid  sovereign  lord  the  king. 

The  Indictment  further  sets  forth.  That  he 
the  said  Christopher  Layer,  to  perfect  and  com- 
plete his  treason  and  traitoi'ous  purposes,  on  the 
siaid  25th  of  August,  at  Lay  ton  8tone  aforesaid, 
with  force  and  arms,  did  falsely,  maliciously, 
and  traitorously  publish  a  certain  mshcrous, 
teditiot^is,  and  traitorous  writing,  containing  in 
iLstlf,  aud  purporting  to  be,  an  exhortation  and 
promise  of  rewards  to  the  subjects  of  his  said 
majesty,  to  persuade  and  ciccite  them  to  take 
up  arms  and  levy  war  against  our  said  sovereign 
kinji:  Cie«>rge. 

The  Indictment  further  sets  forth,  That  the 
aaid  Christopher  Layer,  together  with  other 
false  traitors  to  the  jury  unknown,  to  complete 
and  bring  to  eflect  his  traitorous  purposes,  on 
the  kaid  '25lh  day  of  Auguit,  at  LBiyton-Stone 
aforesaid,  with  force  and  arms,  did  falsely,  ma- 
liciously,  and  traitorously  meet,  consult,  con- 
spire and  agree,  to  exsilt  to  the  ciovvo  and  royal 
dijgnity  of  this  realm  the  person  in  the  life  of 
the  late  king  James  2nd,  pretended  lo  be  prince 
of  Wales,  by  means  of  an  armed  force  and 
troops  of  soldiers,  fur  that  purpose  to  he  raised 
atui  levied^ 

The  Indictment  further  sets  forth,  That  the 
said  Christoplier  Layer,  to  perfect  his  said  irea* 
son,  on  the  said  ^6th  day  of  August,  at  Lay  too- 
Stone  aforesaid,  maliciously  and  triilorously 
did  raise,  levy  and  retain  several  men,  to  the 
jury  unknown,  to  lake  up  arms  and  levy  war 
within  this  kingdoiu,  against  our  said  sovereiga 
lord  the  king* 

That  the  said  Chriatopher  Layer,  to  perfect 
Ut  treaaotiaUie  purpowa,  od  iIm  aaid  36th  day 


Trial  of  Ckrittopher  La^CTf 


[440 


of  August  at  Lsyton-StoDC  aforesaid,  together 
vi'ifli  divers  other  false  traitors,  to  the  jury  ua- 
known,  did  falsely,  maliciously  and  traitgrouajy 
meet,  conspire  and  agree,  to  take,  seize,  impri- 
son and  detain  in  custody  the  sacred  person  of 
our  said  sovereign  lord  the  king,  against  the 
duty  of  his  allegiance,  against  the  p^ce  of  the 
king,  his  crown  and  dignity,  and  against  Iha 
forra  of  the  statute  in  that  case  made  and  pro- 
videiK  To  thi»  indictment  the  prisoner  bath 
pleaded,  Mot  Guilty. 

Serj,  PengtUif.^  May  it  please  your  lo 
ship,  and  you  ^ntlemen  of  tlie  jury*;  tbepd 
soner  at  the  bsr,  Mr.  Layer,  comes  now  lo  * 
tried  before  you,  for  a  wicked  and  de 
conspiracy  a^^inst  the  person  of  his  inajaftj_ 
and  u  gainst  hts  gov  eminent ;  and  this  in  favour 
of  an  uttamtcd  ond  abjured  Pretender  j  a  Pre- 
tender M'hom  the  prisoner  Itimself  has  abjured 
in  words,  and  ought  to  have  renounced  iq  hta 
heart. 

The  indictment  contains  a  charge  of  hic^b 
treason  against  the  prisoner  at  the  bar,  for 
compasNing  and  intending  the  deposing  iha 
kin^,  and  also  his  denth  and  destruction. 

The  particiibr  facts  laid  to  prove  this  tral* 
torous  imagination  and  intent,  and  which 
prisoner  put  in  execuiiun,  in  order  to  bring  I 
effect  his  trt^asouahle  purposes,  are  tive, 

Tiie  tirsl  is  ;    thitt  the  prisoner,  with  olh 
traitors,  did  consult,  conspire  and  agree  to  i 
a  general  insurrection  and  rebellion  in  this  na* 
tion  against  his  majesty. 

The  next ;  that  he  did  publish  a  seditio 
and  tressonabte  declaration,  containhig  inc' 
ments,  and  promises  of  reward,  whereby  to  a 
cite  and  stir  up  his  majesty^s  subjects  to  la 
up  arms,  and  to  levy  war  against  his  maje 
within  this  realm. 

And  f-irther;  that  he,  with  other  traitor 
conspired,  cousiutted  and  agreed  by  an  armed 
force,  lo  ei£ah,  and  bring  the  Pretender  to  hia 
majtiiiy's  crown,  to  the  throne  of  these  king- 
doms, and  put  him  into  the  possession  ^f  !&• 
government  thereof. 

That  he  hath  provided,  levied,  and  retained 
severul  pensons  to  take  up  arms,  and  \m  levy 
war  against  his  mnjesty  within  this  kiiigdocB| 
for  the  executing  these  traitorous  purpoaea. 

The  last  overt  act  alleged,  and  to  finish  ihii 
conspiracy,  is,  that  he,  with  the  other  traitors, 
consuUed,  conspired  and  agreed  to  seize  upou, 
and  to  imprison  the  sacrea  person  of  hhi  ma' 
jesty. 

Gentlemen,  it  ts  unne^^euary,  when  thete 
facts  are  opened  to  you,  to  acquaint  yoo,  thai 
an  attempt  of  this  nature,  if  it  had  auoceede«|, 
would  have  been  the  subversion  of  the  preseot 
happy  establish  men  t,  aud  the  Protestant  suc^ 
cession,  so  otleu  cotitirmed  by  the  consent  of 
Ihe  whole  nation,  and  the  only  security  of  your 
religious  and  civil  rights  anil  liberties ;  they 
would  all  have  been  exposed  to  the  arbitrary 

^  8aiif  to  b«  Datura)  loa  to  A,  CromwaU. 
See  Nobl«. 


p«««r  of  «  P6p!sb  f«eiion»  uoder  llm  tyraknn  j 
ofii»«FreA0iitl«r. 

Gmilttiicn,  hariiii^  said  this  to  sUew  the  nn* 
Iveif  tite  odfcDce;  we  (who  m^  counsel  tar 
liifl^eftlT)  fball  priK^eeil  to  lay  lielore  youlbe 
■irlkttUr  tiuknoe  itgtiiust  llie  |>rii$oQer  allhe 
lar:  f»i4tlemrij,  we  have  l»een  bo  fortunate  at 
tidjiwier,  snti  shnll  |irodiice  beture  you,  the 
f«f}  plifi  ilself  upon  ubich  these  conspiratort 
"  dt  »nd  Hhicb  was  to  be  put  in  execu* 


A.  D.  17«. 


[14f 


t  ib»ll  pr4)()uce  the  plan  under  tl)e  pri- 
I  band-writtnf^,  and  $Ucw  hiti  acting 
ret  to  that  plan,  and  in  the  €xecii- 
ihis  plan  i*  a  complete  srhcrnt*  of 
it«  ftisiurrectiou,  ifUiat  may  be  called 
!  wbicli  tends  to  utter  destruction  ;  lor 
rarf»r«]  parts  therein  contained  tiad  been 
it  would  bare  been  a  total  oveiium- 
[  government  and  consiiiuiioo. 
\  yc4i  may  obserre  a  regularity  going 
/t  tlt«  w  bole  acheroe. 
Tic  pUce  f>r  action^  and  the  scene  whera 
Hncttuspincy  was  first  to  be  put  in  executiou, 
Via  n  tilt;  city  of  Loudon,  anil  though  in  the 
fligi  imclf  I  he  d»y  is  not  mentioned,  yet  we 
iImU  ahew  to  yun^  by  the  prisoner^H  own 
initrmtwa  *ad  disicovery,  the  time  when  it 
m  !•  be  executtnl ;  it  was  at  the  breaking 
«p  ut  the  camp  of  his  majesty '«  fbrcei  iti  Hyde 

GtfVtl^nieti,  the  plan  contains  a  disposilloti  nl 
mcfsl  oliifer«,  who  were  appointed  to  their 
fMrtirolar  itations,  and  »ere  to  be  suppheil 
Vttii  itofii  drained  to  be  procured  for  the  cjte 
i«f  tfiispUn;  and,  as  the  conspirators 
[  tu  ilebiiiich  tuirt  of  the  army,  these  i»ffi> 
to  be  diHposetl  at  several  places,  to 
vrlbe  private  men,  who,  to  the  number  of 
at  1K>0  (towards  the  evening  of  the  day 
ii|«oii  for  execution^  were  to  go  singly 
ta  «if  tlie  Cttmp,  wilhf»nt  their  arms,  that  they 
■melit  Ri4»fe  eauily  p»i»$  witltout  ohservaiiou, 
Md  we««  to  be  cofkcttd  together  at  a  place  of 
Madcjifocta  appointed  tbem. 

Grsdemrn,  \i\^\\\  the  management  of  the 
rantpifry,  and  the  method  ibey  had  taken  to 
KfryitiitttAti*'  the  bope«  they  had  entertained, 
4i QtQspMlora  concluded,  they  should  have 
te  nWMIsr  nf  SOO  men  ready  in  one  body,  to 
liciinioasdetl  by  pro|»Fr  officers^  to  make  the 
Im  attefnpt,  and  the  hrst  stand* 

IiiIms  place  of  rendezvdut  tltey  were  to  be 
imCetl  witb  tDuaketi  ready  loaded,  and  to  re* 
iaiitl»eir  arms,  which  were  to  be  distributed 
tolifai  It  tittle  before  the  hour  of  nine;  at 
ailkii  b^ar  exactly*  they  were  to  m&rcb  di- 
iMlj  to  lite  Tower  of  l^todon,  (as  the  plan 
papoaea*  and  as  the  prisoner  agreed  and  de- 
f^K^)  w  bere  tbey  might  ex|ie<:t  to  be  admittei], 
ki  die  help  and  aasistancc  of  their  friend,  the 
tfcctf  ttfofi  the  guard  ;  and  as  aoon  a.^  they 
bii  CBit«rrd,  tbey  were  to  shut  op  the  Tower- 
fttaa,  and  seize  the  arms, 

Hitir  ^oeral  waa  to  make  bts  statid  in  par- 
^m  at  the  Itoyal  Exchange ;  at  tbe  snoe  time, 
Ilia^avclBd  by  the  plan,  aod  was  consiHted 


upon,  and  agreed  by  the  prisoner  himself,  tbey 
were  to  attempt  to  arreat  the  persona  of  several 
great  men  ;  and  although  the  plan  doth  nni 
name  the  pen»oDS,  yet  the  prisoner  hatb  ex- 
plaioed  it  fully,  and  from  bia  ovvn  mouth  w« 
shall  prove,  who  the  particular  persons  are^ 
thus  intended  to  be  seized, 

A  declaration  was  to  be  dispersed  to  exeito 
people  to  come  in  to  the  rebels  ;  the  gates  of 
the  city  of  London  were  to  be  shut  up,  and 
cannon  brought  down  against  them  :  they  were 
then  lo  set  a  guard  over  the  Bank  \  but  in  the 
ftn»t  place,  they  were  to  take  out  money  »u<H- 
eient  to  pay  their  men,  such  as  they  hoped 
would  appear  in  their  intt  reist :  their  several 
other  parties  were  to  secure  the  artillery  in  the 
camp,  the  guns  in  the  Privy  Garden,  the  can- 
non and  ommunition  near  the  Horse  Guards  ip 
St.  James's  Fark. 

These  were  the  first  operations ;  hut  to  fi- 
nish this  villftinims  aod  execrable  design,  at 
the  time  the  Tower  was  sdzcd,  and  the  city  in 
arms,  they  were  to  send  a  detachment  to  seiza 
the  person  of  his  majesty  ;  and  this  ibey  ex- 
pressed in  their  plan  to  l>e,  for  the  securing  hit 
person  from  the  mob>  But  our  king  was  to  bt 
delivered  to  iheir  general  at  the  Tower,  and  to 
be  put  under  his  custody.  71ius  the  life  of  bia 
majesty  was  to  be  in  their  power* 

After  this,  there  are  several  other  disposition 
of  officers,  and  other  persons,  in  order  to  excite 
and  carry  on  the  rebel Uun  :  some  were  to  ap- 
pear in  Tothill  fields,  some  in  Southwark,  who 
w«?re  to  give  arms  lo  the  Minters ;  some  at 
Greenwich  to  engage  the  watermen,  and  seize 
the  magd2tne  and  powder  there,  and  others  at 
other  pfaci^s. 

Gentlemen,  you  will  find  in  this  plan  a  pre- 
paration to  make  an  entiri:'  coni^uest  of  the  ci- 
ties of  London  and  Wcstminsler ;  upon  which 
the  conspirators  hoped  the  rest  of  tht  kingdom 
H  ouM  declare  lor  the  Pretender  :  au^  there  it 
one  particular  provision  in  the  plan,  ihatastliey 
proceeded  here,  and  found  success,  the  general 
should  immediately  dispatch  messengers  into 
the  several  counties  of  England,  to  gire  intelli- 
gence of  their  progress,  and  to  persuade  those, 
who  they  looked  upon  to  be  in  tUeir  interest,  to 
declare  lor  the  Pretender,  and  to  rise  in  their 
resjieciive  counties  with  their  adherents. 

This  is  the  plan  upon  which  tlie  conspiracy 
is  carried  on ;  and  as  we  shall  produce  this 
plan,  which  the  prisoner  hath  supplied  himself 
with,  and  written  with  his  own  hand,  we  b^ 
leave  to  insist  upon  that,  as  strong  evidenos 
against  the  prisoner,  upon  the  overt  acta  al* 
leged  in  the  indictment,  of  his  consulting  and 
conspiring  to  raise  a  rebellion  aod  insurrection 
in  the  nation^  and  to  seize  the  kiug^H  person* 

Gentlemen,  upon  this  plan,  which  the  prise* 
uer  at  the  bar  bad  thus  furnished  himself  witb| 
you  will  iind,  on  the  examination  of  our  wit- 
nesses, I  hat  he  constantly  acted  ;  he  declared 
for,  and  promoted  the  execution  of  the  princi- 
pal parts  of  it. 

Sentleuien,  the  witnesses  we  shall  call  who 
were  engaged  with  the  prisauec  «.i  Kb^W,  Vt^ 


n 


^ 


14S]  0  GEORGE  L 

till  (lesi^,  are  Stf  pben  Lynch  and  Blattliew 
lunkett ;  (which  tast  had  been  a  serjeant  id 
lie  army)  with  wrbom  the  prisoner  consulted, 
Dd  whom  he  en^n^fed  in  this  desperate  at- 
tempt ;  and  we  shall  call  some  other  witnesses 
to  eon  firm  several  circumstances  iu  their  evi- 
dence* 

Mp,  Lynch  is  a  person  the  prisoner  might 
have  reasonable  hopes  of  engaging  in  this  ser- 
Tice:    he  hfid  been  ionnerly  acqiiniiiled  wiiU 

F  i»ne  Dr,  Murphey,  who  (1  am  instructed)  was 
"  I  the  rebellion  that  broke  ont  in  the  bepuning 
Df  his  majesty *s  reign  :  Mr.  Lynch  bavintj 
been  ahread,  and  absent  for  some  time*  relumed 
into  Euirland  in  April  last:    upon  bis  return, 

I^Dr  Murpheyi  bis  old  aoquainlancef  meets  with 
liim,  bids  him  welcome  to  England^  and  teHs 
bim  that  an  afl'air  was  going*  on  by  which  be 

f  mig^bt  make  his  fortune,  and  advises  bim  not 
' »  gi>  out  of  Cni^land :  that  there  was  an  inten< 
on  to  rise  iu  favour  of  the  Pretender,  whoq^ 
:  called  his  king',  and  he  would  Uke  care  to 
commend  Mr.  Lynch  to  a  person  w  bo  bad  a 
great  part  in  tliat  afFair, 

Mr  Lynch  having  suffered  before,  and  run 
A  great  hazard,  was  un^  illing  imtuedtately  to 
enter  into  any  engagement,  but  proposed,  that 
if  be  could  have  sufficient  encouragement,  and 
what  he  expecte<l  as  a  reward,  he  should  be 
rilling  to  stay.  Some  time  after  Dr.  Murphey 
btroduces  Lynch  to  the  prisoner  at  the  bar: 

^^he  first  time  they  met,  I  think  it  was  the  be- 
ginning of  June  last,  they  went  tu  the  prisoner's 
lodgiug^s,  which  were  (hen  at  the  upper  eud  of 
ChaQcery>lane*  and  he  being  about  to  remove 
his  g^oods,  desired  them  to  go  to  a  tavero,  hard 
by,  the  Griffin  tavern  in  Molborn.  To  this 
place  the  prisoner  at  tbe  bar  came,  where  Dr. 
Murphey  presented  Lynch  to  51  r.  Layer,  as  the 
gentleman  Dr.  Murphey  had  before  recom- 
mended to  him  ;  Mr.  Lqyer  received  Mr.  Lynch 
at  that  time  with  great  civility,  and  tells  him, 
that  the  recommendation  he  bad  received  of 
Lynch  from  Dr.  Murphey,  made  him  not  to 
doubt  of  his  integrity  and  ability,  Tiien  they 
entered  upon  a  consullalion  as  to  tbe  carrying 
on  of  this  design ;  Mr.  Ijayer  intruduced  it  with 
representing^  un  uneasiness  iu  the  nation  in  ge- 
neral, and  how  fair  an  opporiuuiiy  there  was  to 
bring  atiout  a  revolution  :  But  Mr.  Layer  telU 
bim,  that  ou«  of  the  first  and  principal  steps 
was  to  seize  upon  a  general,  or  other  great 
nan  (which  you  will  obierve  is  one  part  of  Ibe 
scheme)  and  upon  Dr.  Murphey'srccommea- 
datioii  of  htm  as  a  fit  man  tor  that  service,  Layer 
proposes  to  Lynch  to  undertake  it.  At  this 
time  Lynch  acquainted  Layer  with  tbe  difti- 
cultitfs  be  bad  been  in,  and  that  an  affair  of  this 
nature  would  take  up  some  time  before  it  could 
hi  put  in  execution,  and  he  could  not  well  eu- 

»|[a^  in  it  without  some  further  encouragement, 

*Bna  a  reward  in  money*  in  (uiJer  that  be  might 
live  easy  and  well  while  he  Riaid  tufre.  Upon 
that,  the  prisoner  at  ttie  bar  nromiscd  bim  sup* 
plies  of  money  fur  his  kubsii-itenoe  ukI  ei- 
penoes,  what  should  be  ne«e:£sary,  besiitts  fu- 
tttrartwardsf  and  in  parsuaaoe  Qf  that  pro* 


Trial  of  Chriito^her  La^er, 


[144 


mise,  Layer  hnlb  aeveral  times  ^ 
Lynch  with  money.  In  engage  bim  iv; 
fectually  in  this  di-sign,  and  to  snpjwni 
it.  ,  By  these  assurances  Lynch  was  \*\ 
upon,  and  then  agreed  to  enter  into  tl 
spiraey,  and  to  take  upon  bim  tbe  pait  l 
that  should  lie  siguitied  If)  liim. 

Gentlemen,  the  prisoner  did  not  theo 
a  full  discovery  of  the  person  that  was  U^  be 
seizeii ;    but  they  were  to  meet  aguin,  ms  tiiet 
did,  about  the  latter  end  of  June,  at   thr 
tavern :    There  the  prisoner  discloseil 
witness  the  particular  person  who  was*le    ^  .    i 
til  be  first  sseizetl.      He  acquaints  the  m  ui     ;, 
that  the  person  be  (the  prisoner)  tn'^.'-"      '  .:: 
their  fur  me  r  meeting,  and  whom  1 
the  wimess  should  seize,  is  the  get 
army,  tbe  i!arl   Cadogan  ;    and  I 
fintl  out  such  other  persons  as  hv 
U|x»o,  for  the  assisting  in,  and  elfecUng  tlwl 
terprize;    wbereunto  Lynch  agreed.      Lai 
then  acquainted  bim  what  steps  wert5  al 
made  in  the  conspiracy,  and  that  ihcy  were* 
be  beaded  and  commanded  by  a  general, 
had  wit,  and  courage  aud  resolution,  and  who 
were  supported  by  a  great  many  friends,  wb» 
had  lull  power  aud  authority  from  the  l*re> 
tender  (whom  he  called  king)  to  act,  and  who 
was  inti  ufited  with  a  commission  as  his  general^ 
and  whose  orders  Lynch  was  to  obey. 

The  prisoner  and  Lynch  bad  several  other 
meetings,  some  at  the  Griffin  tavern,  and  ''<  '>'^^- 
at  the  prisoner's  own  house  in  Old  Soatha 
buildings,  where  the  prisoner  ulwny 
couraged  Lynch  to  persist  in  tbe  undertaking^ 
by  assuring  bim  that  al)  things  went  on  well, 
and  that  the  design  was  so  well  laid, 
could  not  probaldy  miscarry :  That  ihey  - 
be  assisted  by  a  great  many  officers,  as  soi^n  m 
any  motion  was  made,  and  ihat  the  commoii 
soidiers  would  declare  upon  ihc  first  opportu- 
nity :  and  being  asked  by  Lynch,  whether 
they  had  no  foreign  assistance  lo  depend  on  ? 
The  prisoner  answered,  when  we  h^m  tbe 
business,  we  shall  not  want  relief,  if  requisite. 
At  one  of  these  meeiiiigs  the  prisoner  reveaM 
to  tbe  witness,  that,  upon  llie  rising,  the  Tower 
would  be  delivered  up  lo  them,  by  means  of  aa 
of  beer  who  ivas  to  he  upon  the  guard  tht*i'e  no 
the  day  of  execution  ;  and  thai  the  peojde  to 
the  Mint  in  8outliwark  would  come  in  to  ibem  i 
who,  and  all  others  that  shoulil  repair  to  ibeir 
party,  should  have  arms  delivered  to  them; 
And  that  the  whole  design  should  be  put  in  exe« 
ciiiion  at  the  breaking  up  of  the  camp,  which 
wouFd  be  the  most  proper  time  for  the  ^peak* 
tug  wiiu  the  soldiers  in  ihe  army. 

J  Jut  at  a  meeting  they  had,  some  time  in 
Augm«t,  attlie  Queen's  head  tavern  in  Great 
Uueen-street,  near  Lincoln's  in n-fields,  Lynch^ 
complaining  of  tbe  delay  in  putting  theiV  de- 
sign in  execution,  and  repreBeuling  tbe  danger 
ot'it,  and  withal  presiiing  to  kn^iw  his  intf^naed 
general  and  cotmnander,  the  t^risoner  gave  him 
great  encouragement,  from  the  good  prospect 
of  their  afFsirs,  and  tbe  vigilance  of  tbe  noble* 
man  at  the  belm,  who  would  loae  no  oppor* 


m  eonrenietit  time  should  offer ; 

fTMoml  i1  '  ti  h«  BhoulU  lie 

'  lo  i!  I    in  due  time, 

Lvtii^.j  su«unu  if-ueive  his  orders, 

iofi    ibr   execution    bii   part,  and 

tffto^  ti|»oti  hilt  enterprise, 

And  mcenfiimg^y ,    ijjmiu    the  Silh   itay  of 

;»!«  Mr.  Lnyrf  ioTites  L)'tH;h  to  vide  out 

¥1  nil  turn  tUe  next  diiy  to  take  tlie  air» 

fMiL^f^rii    compiled  wiUi  ;  and  un  the  2Mh  ! 

ml  in  the  oiuruiiiKi   Lynch  iveot  lo  the  I 

'» iHHise,  who  o|i{toijiieii  Lyuih   to  go 

and  in  Kjjv  Wiihi*ut  AJdifate. 

lliAt  11111  e   ihr  I  lisiioer  Ubked  the  vriluesF, 

Ue  mounted  Willi  furniture  or  (listols ; 

errd  that  he  did  not,  but  that  i)e  had 

Imirel  IbvvUng^  piert,  which  the  pri- 

iLOt  might  carry  ;    the  prisoner  di- 

biiii  to  ijt-t  \m  piece  ready  luadeu,  he- 

ttatbe  (I^iyer)  shoiitd  carry  somethiu^  with 

li^  ubicli  be  would  not  lose  i'oi  all  tlie  world. 

tpKbMnl  ibe  pnsoDcr  met  without  Atdgateat 

II  Mn  tuomtf  and  the  pris^otier's  servaot  car- 

mi  tbe  t^HOt  aod  they  rode  loj^tber  towards 

^tt**^  ^>  Essex y  which  waa  the  place  they 

^  R  gof  ti9  to. 

l^|Nm  tbe  wty  tts  they  firoceeded,  Mr.  Layer 
M  ibe  witftess,  Ibut  they  were  ^oio^  to  \he 
laaiL  of  th**  lord  Noilh  aod  Grey,  where  lie 
'  II  to  iiiH  tonlship  as  a  par* 
^  (tiie  prisoner's.)  W  hpn 
II*' V  tu-mt  lo  ihe  oieeo-Q^oo  at  Layion-aione, 
it  tbe  entrance  upon  E]i|niig-ruresi,  the  pri- 
liKrBttltit  ftitgfht  he  bciit  to  eat  something 
i|v»«  bec^niiie  they  shouhl  he  too  late  for  the 
bnl  North  aod  Uiex'^a  dinner ;  and  accord' 
bf  ly  Ihey  siopt  at  tUis  house  to  dioe. 

GrIiif^m*'ll.  yoii  will  hear  from  ihe  witness 
t^l  Me,  the  prisoner  and  Lynch  had 

aaatii !  '  atioo,  whereio  there  was  a  repc- 

■od  oouiiriiiatiiooof  the  whole  de^tign  and 
guracT.  At  this  Green  man,  in  yourcoim- 
ty,  Geotremeo,  you  will  find  every  principal 
^rt  iff  tlie  conspiracy,  which  \>as  to  \m  e.\e- 
raltd,  copaiitted  upooi  and  agreed  unto  by 
L  tbem  liDtii :  The  iitoe  and  manner  of  the  in- 
kMBKOliiiO,  the  prepuralioos  inakii>^  for  it,  the 
^HaiiMiee  lo  be  provided  and  expected  from 
^^^bariuy,  from  oiaoy  in  the  city  of  London, 
'  tii  from  the  generahty  of  the  nation,  as  was 
%ta  ma^f^ted  ;  the  sei^fiog  the  earl  of  CJado- 
pB  aa  tlie  first  step,  and  the  surprising  the 
jwmvr  m  «hfi  mnnn«.r  mentioned  in  the  plan, 
W^  b«  '  'fioer  upon  the  guard;    aud 

M  tbry  ^  <t  to  coosidpr  and  approve 

llf  matt  dartn^  aod  execrable  part  f>f  the  plan^ 
l«  ibeD  exprestsly  repeated  by  the  pri- 
,  cte  makiog  a  itroiig  detachment  to  seize 
m  bis  Diajesty'a  (lefson. 

TIae  ^rtftoiier  then  declared  his  great  Fatis- 
fctiboo,  in  havtngf  engafred  a  per»oii  of  sucli 
WMif««>  '  ^  t  AH  Mr.  Ly nebcin  the  at- 
lBB|it'0f  earl  Cudognn  «y    aod  like* 

•iiKB«lt>ra  iij'  '    ther  greMinar),  hinted 

•I  b  fb#  icb» ;  0   persons  were  to  he 

^^  nanl,  ttiiil  of  viMi>..t  ma^  imd  made  up  hi^col- 
^B  iBdiw  tt  ftmuatkce  of  ibe  olaii »  ami  then  ex« 


preafied  his  wtsliea  lO  to  brtog  matters  to  bear» 
that  dir.  Lynch  miifht  likewise  have  the  sole 
direction  in  apprehending  the  per^onti  of  some 
of  bis  majesty's  ministers,  the  lords  Townsheod 
and  Carteret,  his  majesty  ^sprincifialaecrel a ries 
of  state,  and  Mr.  VVaJpoIe,  first  lord  commis- 
sioner of  the  treasury. 

These  iiemons,  moat  imme<hatel\  intrusted  iti 
bis  majesty's  sei-vice,  were  in  the  first  place 
to  be  seized,  in  order  to  facilitate  theik^ign^  und 
to  make  it  successful ,  By  this  mamna  ttie  con- 
spirators were  to  weakeu  his  maje$»t\  'a  power 
of  defending  bimiselff  when  they  bad  depri veil 
him  of  his  general,  who  was  to  commaml  and 
conduct  his  army ;  of  his  two  secretaiiea,  who 
were  to  maintain  and  carry  ou  Ins  iotelligence  ; 
and  of  the  lirst  cotniiMtu<ioner  of  hiH  trcasuryi 
who  was  to  lake  care  lor  his  supply. 

At  thi*  [dace  these  things  were  debated  and 
coti^ttleral  tietwcen  them:  Mr.  Lynch  then 
ai^'aio  couiphiined  of  (he  long  delay,  and  wished 
thai  the  affair  might  lie  eurried  on  with  tnore  ex- 
pedition :  the  orisoner  thought  no  time  so  pro- 
per ai(  the  breaKing  npof  the  camp,  when  they 
mijL;ht  he  sopplird  with  soldiers  i  y^t^  lie  ^^  as 
willing  to  hear  any  proposal  Irom  Sir.  Lyucb, 
aud  desired  Mr.  tAnchf  ihai  if  he  could  thiuk 
of  any  speedier  met  hod,  t»r  better  scheuie,  to  let 
bim  know  it :  bnt  the  witness  was  not  capable 
to  propose  any  way  toorn  |»roper«  than  wbal 
bad  been  agreed  upon  the  loot  of  the  plan,  us  it 
bad  been  cxplaioed  hy  the  prisoner  himself, 
arid  therefore  Mr.  Lynch  acquiesced  therein. 

Gentlemen,  at  that  time,  ami  at  the  tame 
place,  the  overt  aet  laid  tn  the  indictment,  of 
puhlii^hinii^  the  ttpnsouable  writing,  was  com« 
milted  ;  which  was  a  declaratiun  framed  in  the 
hatid-vM'iting  of  the  prisoner,  to  he  published 
iuimediately  oo  the  tirst  hreakiug  out  of  I  he 
conspiracy,  to  excite  Ihe  king's  subjects  to  take 
up  arms,  and  to  enter'  tiita  a  rcbelhon  against 
him ;  and  that  it  might  have  an  inHuence  on 
the  array,  where  their  hopes  were  (daced,  it 
took  notice,  that  the  king's  general  was  seized, 
atid  in  their  custody. 

Id  this  decUratiuD  particular  rewards  are 
promised  lo  the  horse  and  foot  in  the  army  ; 
different  allowances  are  made ;  to  every  horse- 
man aod  Serjeant  three  guineas ;  two  guineaa 
to  c\eTy  cr>rporal,  and  one  guinea  lo  every 
common  soldier :  all  had  promises  of  encou^ 
ragement,  favour,  awl  future  reward. 

Gcmleracn,  nfter  this  was  read,  the  prisoner 
pot  this  declaration  up  mio  his  pocket  again  ; 
and  afterwards  (as  he  acquainted  the  witness) 
be  himself  made  an  alteration  therein  ;  it  con- 
taining at  first  a  general  mtitation  to  a  revolt, 
but  was  not  directed  in  tlie  name  of  any  parti- 
cular person,  therefore  the  prisoner  thongiit  fit 
afterwards  to  alt^  tt,  (as  he  infonned  Lynch) 
and  to  make  it  in  the  name  of  the  Pretender, 
as  king. 

Gentlemen,  though  their  hopes  and  expecta- 
liooif  were  founded  on  corrupting  and  debiiuch- 
ing  the  army ;  I  mention  i^  only,  as  it  was  their 
cxpcrtatioo  and  design,  without  any  im^)uta- 
tion  oti  tbt  houont  at  MtViV|  ol  ^  ^<t\iA<a!WtXfc. 


i 


i 


4 


i 


147]  9  GEORGE  L 

of  lliearmy :  \mi  p«rtons  who  undertake ati  tf- 
fiiir  iit'ttiiH  naturei  are  alvvaya  forward  to  ex- 
pect their  desrg^os  will  he  successful. 

TliiM,  ^tnllemeti,  which  I  have  metilioned  to 
you,  H'liicb  ^ill  be  more  fully  M\ti  |iiirli€ularly 
ffiven  iu  evidence  to  you,  afjainsl  I  he  prisoner 
at  the  htir,  was  transacted  and  committed  in 
the  county  of  Eseex*. 

My  lorif  J  this  will  lie  evidence  of  most  of  the 
OTerl  acts  nllpged  Jo  the  inihctfiieot  iu  the 
county  of  Essex  ;  hul  we  shalt  confirtn  this 
evidence  by  the  confession  of  the  priioner, 
proved  by  two  witut«4ses,  in  whose  presence  he 
acknowled^'ed  the  sereraf  facts  which  will  be 
char^eil  nj»on  him  in  iht^  county  of  Essex,  by 
Mie  tffitimoriy  of  Mr.  Lynch;  nnd  shall  make 
proof  of  tu her  overt  acts  in  the  county  of  Mid- 
dlesex :  for  It  was  impossible  a  desijiu  «o  ex- 
tensive Bhauitl  he  contined  to  one  or  two  parti- 
cular place*  within  the  same  county:  their 
cousuhations  must  be  transferred  from  place  to 
pbce»  as  opporttmitv  offered,  and  as  tbey 
thought  most  conducive  to  the  purpose  they 
were  eng^aged  in. 

But  the  facts  I  have  mentioned  were  tran- 
sacted, gentlemen^  in  your  couniy.  After  the 
prisoner  anil  Mr.  Lynch  had  settled  these  af- 
fairs at  the  Grf'en-I^lan,  they  went  to  the  house 
of  my  lord  Not  I  h  and  liip'y  at  Epping  :  they 
•laid  there  all  night,  and  dined  there  the  ne\t 
day  ;  ihe  witneas  was  introduced  and  presented 
10  his  lordship  by  Layer,  and  was  civilly  re- 
ceived and  entertained ;  and  Ihe  prisoner  at 
the  bar,  as  he  and  Lynch  returueii  lion^e^  ask- 
ed the  witness  how  he  liked  his  hndsliip,  and 
assured  Mr.  Lynch  for  his  encourn^cment, 
that  be  had  g-reatly  recommended  him  (Llie 
witness)  to  his  lordship. 

Tlie  prisoner  anrt  livnch  met  a  second  time 
at  the  Lord  North  and  Grey's  luiust*,  whcvc 
Lynch  declared  he  would  withdraw  himstif^ 
if  things  were  not  put  in  execution  ;  to  whirli 
Layer  replied,  they  would  be  sooner  put  in 
execution  than  Lynch  imag^ined. 

Gentlemen,  you  may  perceive,  by  this  evi 
deuce,  the  prisoner**  explanation  ot*  ihe  whole 
•cheme^  and  his  execntitm  of  it.  so  far  as  was 
in  Ids  power  ;  though,  blessed  be  God,  these, 
ur  any  larlher  atletnpls  of  this  kind,  have  not 
bitherti)  prevuded, 

The  prisoner  proceeds  farther  ;  and  the  next 
wiiiit-ss  who  will  be  producwl  a^jramst  him,  is 
c»nc  who  had  bei*u  it  serjeant  in  the  army, 
Matthew  PInnkett.  Plunkett  had  b«tn  for- 
merly acquainled  with  the  prisoner,  and  done 
hmi  a  piece  of  service  ;  he  was  made  use  of  tci 
rescue  scune  goods,  when  tbey  were  taken  in 
execution  at  the  house  where  Layer  lodged, 
which  was  the  bqpnning-of  their  acquaintance: 
this,  with  some  othtr  recommendations  from 
persons  engaged  in  thin  design,  induced  the 
prisoner  at  Ihe  har  to  make  offers  to  him,  as 
yon  will  hear  from  the  witness. 

In  June  1722,  another  person  of  die  same 
name,  one  James  Plunkett,  was  directed  by 
Mr.  Layer  to  go  to  this  Serjeant  Plunkett,  and 
desire  buu  to  meet  Layer  at  the  Italiaii  coffee- 


Tt  ial  of  Ch  ristopher  Lawyer ^  f  118 

house  in  Iltissel-court.  The  witness  could  net 
at  that  time,  at  least  did  not  think  it  proper  to 
go  to  the  place  npjvDinted  ;  but  a  day  or  two 
after,  Mr.  l^yer  meets  him  in  Lincoln's- iiiii* 
ftdds,  and  takes  him  asjde  under  »  g:ite-way 
near  Turn-stile  :  L^ayer  then  told  Plunkett,  T 
would  inform  him  ot  a  matter  that  would  be  i 
great  advantage  and  beuebt  to  him  ; 
Ifsyer  let  him  into  this  consptraeVi  afl 
gaged  the  witness  in  it,  not  only  by  aisi 
and  promise  of  reward,  but  by  actual  rewa 
and  money  given  hini ;  and  to  induce  ami  < 
encourage  I'lunkell  the  nvore,  Layer  i 
ed  him,  that  there  were  several 
tn'eat  estates^  who  were  resolved  to 
tliemseKes  and  the  nation  from  iheca 
and  slavery  that  they  ibeo  eudured  ;  aind  that 
they  intended  to  britig  about  a  revolution^  sud 
restore  tlitir  king  Ihe  Pretender  ;  Pluokirtt  f^ 
jected,  tiiat  the  Freten<ler  was  a  Papist ; 
the  prisoner  replied,  there  was  no  iiffen 
between  a  Papist  and  a  Lutheran  kingv  i 
therefore,  that  ought  to  make  no  im^n 
upou  Plunkett,  to  hinder  him  in  joining  t 
bring  in  a  Papist. 

The  jtrisoner  enquti-ed  of  Plunkett,  wbeth 
he  had  not  an  acquaintance  in  the  army  witl 
some  ofBcers,  and  the  common  soldiers  ;  aa 
then  engaged  Plunkett  to  levy  what  persons  I 
could  into  their  tiervict.^ ;  and  when  the  witnoss 
told  Lay  er  he  knew  twenty  or  thirty  serjeanla 
hi  the  ajniy,  pittper  persons  to  be  nppli^  i< 
the  prisoner  gave  Plunkett  directiouK  to  mak 
apphcatinn  to  them,  and  to  have  I  hem  eort" 
ed  ;  and  at  tliat  meeting  the  prisoner  gave  1 
wiluess  money  for  lii^  encouragement ;  and  1 
they  hud  several  other  meelioifs  after  ibis,  i 
provide  and  levy  men,  the  direction  and 
ploymeni  given  by  l^yer  to  tlie  witness, 
to  take  care  to  tind  out  their  lodgings,  and  io 
make  lists  of  the  mrn,  o1'  tlietr  names,  and 
plaecH  of  abode,  that  tbey  might  be  really  upon 
notice. 

The  prisoner  not  only  employed  Plunkett  to 
pro-cure  and  enrol  ah  many  as  he  could  g«l, 
out  gave  him  money  for  one  particular  person, 
one  CbikI,  who  had"^  served  in  the  army,  and 
who  was  recommeaded  tu  Layer  by  Plunkett, 
as  a  person  that  hud  been  disobliged  by  bavins^ 
been  turned  out  of  the  service  ;  Layer  himself 
gave  Plunkett  half  a  guinea,  for  to  give  to  this 
person,  to  engage  him  iit  this  conspiracy, 
which  Plunkett  accordingly  paid  Child:  Layer 
Ukewise  order^^l  money  at  other  times  ta  be 
given  to  Plunkett,  and  at  one  time  particularly 
acquainteii  him^  that  the  prisoner  had  letil  m 
guinea  with  one  Jefferies  a  non-juring  parson, 
to  fjtive  to  him,  who  bod  given  Plunkett  but 
half  Q  guinea. 

The  prisoner  at  the  bar,  to  encourage  Pf  un^ 
kett,  acquainted  htm  witli  the  persons  whom 
Layer  ex|>ected  to  join  in  this  conspiracy  ;  and 
asked  the  witness  his  opinion  of  several;  the 
witness  will  tetl  you  the  names  of  the  persons^ 
and  what  answers  be  gave ;  |>articularly  that 
Layer  asked  htm  what  he  thought  of  the  lord 
North  and  Crey  far  an  oiEcer  to  be  at  their 


149J  Jbr  High  Treason. 

hm^l    TtmrnUmtm  mntwered,  i  bough  he  bad 
Mi«r  Mrred   under   hini,  he  looked  upon  bis 
!«»»  grcAt  man. 


Iavct  tnfovMil  bitn* 

nil' 


at  »evfral  tinieSt  ^vhen 
Uiat  things  were  in  a 
Migh  it  wan  not  yet  a 
I  k  in  execution  :  but  it 
(  could  uot  miscarry  ; 
111  wastocuDie  with  a 
'tticers  ;  and  that  the 
been  di»oovered  to  the  French  am- 
fvlio  htui  given  inleUigeuc«  (hereof 
fcliiBP/eut^,  ar  «l«e  the  affair  bad  btren  do  no 
lilbttkal  lime. 

lb  PlUftkeit  was  en)  ployed,  from  time  to 
iai»li»  prepare  lisu  ot\  anil  to  collect  and  en- 
tiil  Al  fiersona  to  g-o  on  with  this  desjigo ;  and 
*  rly  a  niimbtrr  of  Serjeants,  about  25, 
from  the  army,  the  priiioner 
Plunkett  to  go  immediately  to  those 
I  umI  take  care  to  6ecnre  ttiem. 

these  traiiorous  con^utts  and 
were  in  July  and  August:  and 
I  wilt  acquaint  you  more  fully  with 
di  ietamt  particulars.  7'here  was  one  encou- 
tt^tmatt  which  the  prisoner  ga?e  to  ibis  wit- 
a«i^  wlilcii  he  did  uot  ineotloD  ta  the  other: 
lelokll^unkett  thera  would  be  an  army  of 
Btlcb  to  oofDe  orer  in  aid  of  bis  majesty  ;  hut 
lktwibi«aa«hoi]ld  see  a  number  of  half-pay 
afionSt  especially  those  of  the  name  of  Filz- 
ieiild«  •!!  Ihe  !»idc  of  bh  king  (the  Preteuder,) 
tfcil  (bey  could  uol  doubt  of  success* 
Qtnikflieii,  under  the«e  encouragcnaeBtsand 
,  and  with  these  rewards^  huth  these 
^  the  two  witnesses,  were  engaged  hy 
'  to  enter  into,  and  go  on  with,  this 
cy  :  the  prisoner  met  them  apart  from 
tee  ta  time;  tbey  concerted  and  curried  on 
mek  meaaurcs  as  tbey  thought  proper  to  exe* 
0«li  Uus  deaign^  upon  the  foot  of  the  pkn, 
vlycb  iMitU  been  mentioned,  and  will  be  pro- 
dMBe<  to  you. 

After  WIS  have  produced  the  scheme,  aud 
tiewigo  examined  these  two  witnesses,  wlio 
Hill  gif  e  you  aa  account  of  the  progrrss  which 
Ike  priaoner  made  in  this  treason  ;  we  shall 
fire  ^iiu  otlier  plain  and  evident  uroof^  which 
^jii  «lcaaODaliiite  the  (reasonable  mtent  of  the 
prinftVftithe  bar,  aud  his  bof»cs  of  succc^is. 

We  oliall  prtwa  that  the  jirisoupr  ha  J  been 
M  RocDe,  and  by  bis  own  cunle^ior^  tliat  he 
hi  aeeii  the  Pretender^  and  bad  conferences 

W«  aholt  prove  that  the  prisoner  had  blank 
ywaaiaaory  notes,  or  receipts  for  money,  signed 
mih  Ibe  Freieoder's  own  hand,  by  the  assumed 
to  of  James  Rex,  found  amougsi  Layer^a 
laperB,  which  were  remitted  to  him  from 
tknief  Olid  which  he  has  acknowledged  were 
IMI  lifer  to  htm^  for  raising  of  money  to  carry 
fiftltie  caiMie  of  the  Pretend.  This  is  a  siroog 
i  of  the  trust  and  credit  reposed  in  him 
this  conspiracy ;  that  tbe  priaoner 
i  folly  ODtrusted*;  the  receipts  are  in 
the  prisoner  bad  power  to  raise 
«•  thttuiy  and  to  ^l  them  up  witii 


A.  D.  1725.  [130 

suth  sums,  aa  he  thought  proper  and  necei- 
sary. 

Centlemen,  ou  the  examination  of  onr  wit» 
nesst^  it  %vdl  appear  that  Mr.  Layer  declared 
he  had  e.i£ptrnded  great  sums  ^f  money  in  this 
alfuLr^  unA  ihal  be  has  made  it  an  excuse,  why 
he  bud  not  money  to  supply  some  demands, 
Itecause  be  bad  dijihursed  no  much. 

This  iberefore  was  to  be  his  full  power  to 
ratfe  n»oncy  towards  bringing  tbe  Pretender  to 
the  throne. 

Besides  these  receipts,  he  had  furnished  him- 
self with  lists  of  the  othcers  of  the  army,  m 
order  Ij  know  the  situation  and  condition  uf  the 
army,  and  to  cotisider  wbat  advantage  he  could 
make  l>y  any  of  those  in  the  lists  :  he  bad  pro- 
vided himself  with  lists  of  tbe  otficers  of  ilie 
Tower,  which  we  apprehend  was  to  render  the 
design  of  seizing  the  Tower,  when  their  friend 
the  officer  was  on  the  guard,  more  probable  aud 
bopefiiL 

Beijidea  this,  we  have  letters  which  %vi]l  be 
produced,  that  passed  between  sir  William 
Ellis,  an  adherent  of  the  Pretend er'ii  at  Rouie« 
aud  Mr,  Layer,  hy  the  name  of  Fountaiue,  (a 
name  he  went  by)  encouraging  him  to  go  on. 
with  this  design  :  we  have  the  cypher,  and  the 
explanation  of  tbe  cant  words  useil  iu  those 
letters.  In  one  letter  Ellis  says,  the  best  me- 
thod of  carrying  ou  the  manufactory  (which  is 
the  insurrection)  is  to  get  good  wofknieo,  (by 
which  is  meant  sohhers)  and  particularly  to 
gain  some  of  the  ablest  of  Mrs.  Barbara  Hmiih^Sy 
(hy  Mra»  Barbara  Hmilh  is  signified  tlie  army) 
and  this  would  be  very  agreeable  to  all  eon* 
cer lied,  particularly  to  Mr.  Atkins  (which  by 
their  cypher  or  key  is  a  name  for  the  Pre* 
tender.) 

And  in  another  letter  there  is  particular  men- 
tion of  Mr.Layer's  intended  general;  y  nn  will  find 
In  the  letter  an  explanation  of  him,  thus ;  thai 
be,  who  the  prisoner  in  his  letter  called  8irnouSy 
and  described  as  a  tenant,  though  his  name  was 
not  then  found  in  tbe  rental,  this  writer  be- 
lieved he  should  be  called  8immes,and  says  he 
is  of  the  Noril*,  a  grey- haired  ancient  man,  for 
whom  bis  friend  has  a  particular  esteem  and 
value,  as  a  very  good  tenant.  This  is  tbe  de- 
scription, and  this  is  the  caut  that  passed  be- 
txveenlhem;  the  explanation  you  will  appre<« 
licmi,  by  the  cyphers  that  were  found  amongst 
the  priboner^s  papers. 

Mr.  I^yer  was  not  wanting  in  other  prepa- 
ratious  for  thii  attempt;  for  be  had  provided 
arms  iu  bis  own  house,  mure  than  be  could 
have  occasion  for,  as  a  private  subject;  he  bad 
several  muskets  and  other  lire-arms;  bo  hud 
forty  or  fiffy  cartridges,  loadetl  with  bullets^ 
ready  iiude  up  for  so  many  discharges,  which 
might  he  delivered  out  ta  the  people  v%hu  should 
come  in  to  them :  if  be  bad  any  use  for  such  a 
quantity  be  will  shew  upou  what  occaKton. 

The  disc4}very  of  the  iacis  made  hy  the  wit- 
nesses occasioned  the  apprehending  Mr.  Layer, 
iu  whose  bouse  these  arms  were  tikewifio 
seized, 

Mx*  Layer  waa  »o  cooscious  of  his  owa  gtidt# 


^ 


9  GEOnOE  L 

tbtt  sAer  lie  wta  ftppreh^ttdecK  he  made  bis 

escape  out  ortbe  cukUhIv  of  tht  ^i'  in 

wliOfie  bouse  be  ktm  pbced  ;  hr  retit 

reiruti  to  wAieraieo  tc^  can'y  hiiu  mj  im^^  i^  a 
detnonstration  of  bii  guilty  iroui  tbe  coariction 
4>f  his  own  cronteience. 

GeDlIemen,  ibere  are  some  other  tnatters 
and  papers  which  it  will  be  proiier  to  offer  to 
your  eonsiderstioD ;  and  most  o(  these  purti  - 
culat'  factSf  which  I  have  nietiiiooed,  or  the 
tno^t  material  of  them,  have  l»eeu  confirmetl  by 
BIr,  Lajer^s  own  cotifessiai)  wbicb  he  maile 
iipoti  hts  exaniination  beforci  the  lords  of  the 
priry  coatieil.  And  when  we  Itave  laiil  before 
ymi  this  e? ident^e,  as  accordint*  in  my  instnic- 
tion«  we  shall  very  fully^  I  do  not  doui)t  but 
Iboiyou  will  do  your  duty  as  hmiest  men. 

We  do  not  apply  to  your  zeal,  as  yoo  are 
Pratestaots  and  EnL'IbAnDen  -,  but  iipnti  tbe 
wei|fht  of  the  evidtii^e,  we  Uiall  appeal  to  your 
jitatiee,  to  ytiur  oatlts>  and  to  your  conM:ienced, 
frbethtr  upon  the  whole  prmiftu  lie  hiid  before 
yoti|  you  will  Dcii  remain  Inlly  s.ttiisbed,  that 
the  prisoner  at  the  bar  is  Oiidt;^  of  the  bii(h- 
treaaon  whereof  be  staods  iodicted,  and  ibeu 
that  you  do  Eud  him  so, 

Alt.  Gen.  May  it  please  yowr  lordship,  and 
you  gentlemen  of  the  jury ,  I  am  counsel  on  tbe 
same  side  for  bis  maj^  uier 

mt  die  bar,  who  itaod«  i  -  -tun, 

ill  <s(»mpaaKiog;  and  ima^tiun:^  mi  <u  aiu  m  tbe 
^og*  The  preservation  of  tlie  life  of  tbe  kiu^ 
ti  m  that  great  importanct  to  the  »atety  and 
prosperity  of  bis  subjects,  that  even  imag^ioa- 
tioiia  and  in  ten  lions  (which  are  but  acts  of  the 
lieart)  to  take  it  away,  manifested  by  overt-acts, 
are  an  offence  of  ihe  highest  nature  which  the 
law  takes  notice  of;  but  as  tmagmatious  and 
intentioDSof  men  are  secreti  and  caoooi  be  di**- 
oofered  but  by  their  actions,  there  must  be 
J*roof  of  some  fact  done  in  order  to  carry  such 
intentions  into  execution,  to  make  the  ottc^nderi 
enilty  of  treason :  therefore  in  this  indictment 
Sve  several  overt-acts  are  laid ;  the  first  is^  that 
tbe  prison cT  at  tlie  bar  propose<l,  consulted  and 
agreed  with  divers  p«r8ooB  unknown  to  the 
ffrandiory,  to  raise  ail  insurrection  and  rebel- 
lion within  this  kingdom  ngaiast  bis  majesty  ; 
the  second,  that  be  pubJitiiiL'd  a  traitorooa  wnt« 
ing,  purporting  an  exhortation,  encoura<|ement 
and  promise  ot  rewards,  to  persuade  his  majes^ 
tjr's  raitlifnl  sitbjects  to  take  up  arras  agaui^t 
liim  ;  the  third,  that  be  proiiosctl,  roosulied  and 
agreed  lo  set  the  Prelenner  on  the  ib rune  by 
ormed  force ;  tbe  fourth,  that  he  listed  men  t% 
itiwy  war  against  the  king  ;  and  tbe  fifth,  ihnt 
he  projiosed,  corr  nllt^il  and  agreed  u>  aeiae  and 
imprisou  hiii  tDujr^ii^  •«  *(nfTe4i  )H"r»on« 

Gentlemen  of  the  inry,  y*»u  will  readily 
agree  with  me  tbnt  noihiug  can  be  more  di*ca«l* 
fill  to  a  true  BrilOn  who  hath  any  regard  to 
liim^'H'or  liT«  posieriiy,  or  love  to  his  country, 
than  the  ftitaj  con^et^aenccs  that  inast  have 
inevitably  attendetl  such  wicke<l  designs,  h.id 
they  been  carried  into  execution  witit  succesrs  : 
aiippQSd  a  rebellion  had  been  only  raised^  what 


Ttial  of  ChriHopker  Lai^^r, 


[158 


ooald  any  man  bare  expeded  from  a  rebellinA 
in  tbe  heart  of  tbe  kingdom,  but  plooder  ani 
rapine  and  murder,  a  total  aosponaion  of  all  cit) 
ngIA,  and  as  long  as  the  storm  bad  oootiiia 
a  just  but  terrible  apprehensions  of  aonie  ' 
yet  ifitofite  to  come  :  This  would  certaitdy  lia 
bi'iiR  tlie  case,  though  the  attempt  bhoubl  ha 
been  dtsap^KHnted  at  last*  But  nad  it  beeu  i 
tend«^d  with  succefis,  bad  bU  majesly'a 
|H3nfon  been  seized  and  iiaprisooed,  aiHl 
tlie  Pretender  been  plact-^d  on  the  thitmi*,  w| 
a  scene  ol*  misery  bad  ojiened!  A  nnid  adn 
nistralion,  governed  by  tbe  law  of  tbe 
under  an  cxeellf  ut  prince,  and  as  just  and  ma 
ciful  as  ever  wure  the  crown,  must  have  gisan' 
way  to  arbitrary  power }  all  your  estalts  nA 
properliei  must  have  been  at  the  will  uf  a  pra* 
vokeit  and  eicaaperated  usurper;  liWriy  mual 
have  grven  way  to  slaver*  -■  '  ■'- •  '  t  « 
ligions  lo  pupish  idoUt/} 
th  is,  h  u  ui  an  ly  «"  '^'  t.  L  i  r  w  j 
or  bo|)ea  4if  r^ 

caUiuities  ba^e  u^ 

of  the  king's  doiutnioiifr|  tor  sboulfl  tbe  pr 
happy  estnbbsbntent   in  his  riiDJL'Sty   and 
royal  family  (the  chief  bulwai^k  and  support^ 
tbe  I'rotestant  interest)  be  destroyed^  the 
tei^tant  religion  iu  gen4?ral  must  be  reduced  ^ 
the  lowciit  ebb,  if  tail  total ly  extinguisiied* 

This  is  the  nature  of  toe  crime »  and  tba 
aome  of  the  fatal  eonsrouences  that  ntuat  ball 
ensued,  if  the  dt^»igus  charged  upon  tbe 
soner  by  the  indictment  had  look  eilect. 
whether  he  is  guilty   ol^  this  great  oflai 
is  what  you,  genllcmea  of  tbe  jary,  are 
to  try. 

I^Iy  lord,  it  is  my  part  to  open  the  natural 
the  evidence  that  we  thai!  produce  lo  prove  l' 
several  overt-acts  laid  in  the  imlutmetit ;  a 
in  stutiitfc^  it  to  your  lorilsbip  and  tbe  juryy4 
shall  tbilow  the  course  of  time  in  w  bieb 
fticts  were  done,  that  tbe  case   m^iy  be 
easily  aii  pre  bended,  and  shall  opt^n  notbitt^  I 
what  1  believe  will  be  clearly  ventieii  by 

I'his  prisoner  at  the  bar,  tbougti  I 
to  tbe  profession  of  tbe  law,  and  a  ] 
il,  went  beyond  be.i  in  the  year  17fOt4 
tbe  cbse  of  that  y«*Hr,  according  to  our  i 
tbe  bcginmofcT  of  tho  yrar  1721,  arr 
Home,  where  tbe  Prettindt-r  then  was; 
the  priH^tm'r  was  there,  be  ptocured  himself  1 
hi  introduced  lotbe  Pri*tetider,  and  bad  two  pH- 
I  ate  coiitVrences  wiib  tiim,  in  wbicli  (but 
what  nit^tiiodsor  representatjon  is  bostkn 
to  hiuisi'if)  it  is  plain  he  obtained  thePreten 
good  opinion  ao  far,  that  he  thought  bim  a  fit 
^M^nrofi  in  whom  a  couHdence  for  carrying  oa 
any  dmgos  against  bis  majesty,  and  for  setting 
hini^eif  on  the  thrnne^  might  ba  aafdy  r»» 
po^ ;  For  this  purpose  a  oorrespondeDca  \  ~ 
then  settled  bet^eeu  tho  prisoner  and 
persons  of  diatinction  about  the  Pre 
a  cypl'^er  of  natoes,  of  perfrons  and  1 
agreed  on,  in  order  to  carry  this  eor 
on.  Tbe  prisoner  returned  to  Engbiiid  i 
July  1721^  atler  which  be  writ  letters  to  hi 
correspondent  at  Home,  and  auawera  to  tbem 


m 


Jot  High  Treason* 


A.  a  172^ 


[154 


(MM  ftmm  tbnict,  whereby  it  vrill  s|>pe;&r,  that 
f^m^mmrhmd  moAeitook  b  consirleroble  part 
ilAt^Mtell  tlneii  earryio^  on  u>  tiring  the 
VlMsJir  m  t  mad  allboufrh  the^ie  I  tetters  are  io 
ibeMsaad  cftot  terms,  ftnd  fictilious  Dames, 
ym  Ijr  l^  hmlp  of  the  cypher,  aod  from  the 
MMK^C  lite  letters  ihemsetres,  it  wt'lK  easily 
understandinfir  for  what 
writ :  This  cypher  and 
prove  to  have  been  ibunil 
r**  |Miper8,  which  were  »ei/(Hl 
«DfDifiltii»eiit,  and  your  lordship 
Ijuty  frtll  aeCf  when  they  come  to  be 
tithatandiog  the  oiiscure  tertos, 
mysterinns  eirpresKKit  iamrted  to 
t  eye  of  the  reader,  when  compared 
I  te emptier  they  will  be  ao Intelligible,  that 
^viIIk  a  ptaia  evidence  that  a  iksii^o  was 
oo  of  raising  a  general  rebellion  in 
ttie  Pretender ;  for  which  purposes  a 
^fm  vrritiDe^wai prepared,  which  weshaJt 
iif  Idbe  ipcrar  fordihip  and  the  (fentlemeo  of 
ilfjary^  that  waa  likewite  fouad  among  the 
p»iau*i  papera ;  we  ahall  prove  it  to  he  writ 
iMkbiaowtt  bttiid. 

■I  PepgeDv  opetietl  the  nattire  of 

J  fully,  I  shall  not  trouble  your 

i&pi  witll  a  re|»etilii»n  of  what  he  said  ; 

■  nCMDea  lobe  read  it  will  appear  tu  he 

ilitteil  Ibr  a  general   ri^inif^  it  will  prove  a 

mI  4csigii  to  seize  the  Tower »  to  seize 

Mi  IB  ^Fe«i  iUtioD«,  to  seize  the  Bank,  and 

I  ai  Uak  lo  seize  the  person  of  the  king 

If,  ao4  lo  seize  his  royal  highness  the 

ioi  W&lei^     Thiai  we  apprehend,  will  be 

1 1  MPBttiF  evidence  of  the  oTert-ncts  laid  in  the 

m,  and  will  confirm  the  testimonieB  of 

ikewnoemmn  wlitch  we  shall  produce, 

Tli*f«   are  two  witnesses  we  shall  call  to 

I  wwrm  llic  OTert  acta  kid   in  the  indictment^ 

mm   haV0  already   been  mentioned   to  your 

I  iMMfif    Mr.  Htephen    Lyftch,   and  terjeant 

*"    "     '  Hitniett.     Mr.  Lyncli  will  pn^vethe 

I^<irei1-acts  laid  io  the  indictment  to  hove 

hm  ctttflRMtied  by  the  prisoner  in  the  county 

tf  SaKk,  wliere  this  inaiiitmtnt  was  found  ;  uh 

ika  «Teft*aeU  of  the  same  nature  committed 

hf  him  to  llic  county  of  Middlesex^     But  as  it 

ii  layiapirr  la  fall  directly  upon  the  proof  of 

tew  Mti,  without  first  proving  Kome  other 

tmMhf  way  of  totn>diiction,  as  how  the  ac- 

^i^itoae<e between  IVIr.  Lynch  and  the  prisoner 

Ii  telMT  began,  and  how  tlioy  came  to  be  so 

iiteMa  a*  to  enter  into  a  dehi^n  uf  Ll>is  nature. 

Air.  I^ikcfti  will  give  your  tordshipii  and  the 

jury  aa  account ;  that  there  had  been  acquAint' 

mm  baiwaeii  Uiit  Mr.  Lynch  and   one  Dr. 

eigbl  or  nine  yeara  ago ;  thai  they 

l4  to  join  in  the  rebellion  which  waV 

IbalMiptiatng  of  his  maje?>iy'g  reign;  alter 

1^  waaarer  Mr.  Lynch  wetit  beyond  aea,  aud 

\  tUrre  aom^  timt* ,  and  arrived  in  Eog- 

I  HI  April  laat ;  that  theu*  acfjuaiutanee  con- 

1  iheir  principles  were  not  altered ; 

Mr.  L^oob  maettu^  Dr.  Morphcy,  Dr.  Mm- 

pbay  (wbaluttli  l>eien  mentioned  to  your  lord- 

ii  Ilia  oecaaioa  ia  Uua  &mii  ^lui  lAwii 


nnw  to  be  found,  but  bad  a  great  acquaintaoee 
Willi  the  prisoner  at  the  bur)  told  him  he  had 
something  advantageous  to  communicate  to 
him,  and  appointed  a  meeiiogncxt  niomin^  at  a 
coffee-house  i  n  Corn hjl  I ,  w here  they  accord ingly 
met ;  and  Hurpbey  then  advised  mm  not  to  go 
out  of  England,  hecauiiehe  had  an  opportunity 
of  making  his  fortune^  telling  him  there  would 
be  a  general  rising  in  favour  oi*  the  Fretcoder 
(nhoui  he  called  king)  and  that  it  was  carried 
OQ  by  gentlemen  of  note  aud  credit ;  and  if  he 
would  accept  of  I  he  service,  he  would  recom- 
mend him  to  one  greatly  concerned  in  that  af- 
fair ;  Mr.  Lynch,  after  consideration,  agreed  la 
stay, — .4 tier  several  other  meetings  hetween 
thifl  Dr.  Murphey  and  Mr.  Lynch »  at  which 
llieir  discourse  generally  turned  upon  this  in* 
tended  rising:  about  the  beginning  of  June, 
Dr.  Murphey  introduced  Mr.  Lynch  to  the 
prisoner,  as  a  person  fit  to  be  entrusted  in  the 
lotended  enterprize;  they  went  to  the  Grifiio 
tavern  in  Holbom ;  Mr.  Layer  there  expressed 
tbe  good  opinion  he  had  of  Mr.  Lynch  upon 
the  character  he  had  received  of  htm  from  so 
good  a  friend  a<i  this  Dr.  Murphey.  They  soott 
entered  upon  busitiess,  aud  the  pri.soner,  aAef 
having  made  a  represeutation  of  the  imeosinect 
of  the  nation  in  general,  and  of  the  fair  up* 
portunity  there  was  to  bring  about  a  revolution, 
proposed  to  Mr.  L>'ncli  to  seize  some  general; 
to  which  the  witness  agreed,  Alkr  Ibis  they 
had  several  other  meetings,  at  which  I  he  dis* 
course  turned  ujton  the  same  subject  of  a  ge- 
neral rising  in  order  to  set  the  Pretender  on  the 
throne,  and  at  one  of  tliem  tbe  prisomr  de- 
clared he  intended  Lynch  Rhuuld  ^ei*e  the  earl 
of  Cadot^an,  and  thiu  the  scheme  was  In  id  on  a 
sound  foundation,  having  a  |;reat  mau  at  the 
bead  of  a^airs,  who  u anted  neither  wit,  courage 
nor  resolution^  and  he  would  be  backed  by  his 
friends.  8evera)  r/ther  proposKion^  were  made 
by  the  prisoner  tending  to  rh*^  same  end  ;  to  all 
which  iMr*  Lynch  at^reed,  and  they  coni^ulted 
how  they  miffht  put  lliose  things  in  executiop. 
hi  July  La&t,  Mr.  Layer  wcui  itUo  the  country 
for  tburieen  or  iifteen  days,  and  after  his  reiur'ii 
in  the  beginning  of  AiigUJ»l,  in  pursuance  of 
what  they  hud  cuncertt^d,  Mr.  Lyueb  and  he 
went  to  View  ihe  carl  of  Cailogau*8  hou]$e,  to  sea 
hi*w  pracucahle  that  design  of  seizing  hun  at 
his  house  was,  Mr»  Lynch  thought  it  feasi- 
bte  ;  hut  he  grew  uneasy  at  delays,  and  fre^ 
qnenlly  told  the  prisoner  ihat  his  cireumslauce» 
would  not  pemiii  him  to  eitniinue  here  at  liig 
owu  expeucc;  theretbre  to  encourage  him  lo 
stay,  and  persevere  in  the  design »  Mr.  Layer 
gave  him  s^evi^ral  i»umN  uf  money. 

My  lord,  uptm  the  *24ih  of  Aui^fust  last,  ifto 
prisoner  aud  Mr.  Lynch  agreed  to  nde  ou  the 
next  day  lo  take  the  air  ;  on  the  ^S»h,  accord* 
ing  to  appointment,  (which  brmg^  us  now  to 
the  ovtrt-acts  in  I  he  county  of  Krisex)  they 
rid  oullay[ether  ;  the  pi  isuner  thought  it  proper 
to  ride  with  arms^  alleging  that  he  had  thiugn 
about  him  he  would  not  lone  for  any  thing  in 
ihe  world.  Upon  the  road  he  told  Mr.  Lyncb 
they  would   ga  to   luid  ^mJk  aad  Gfey% 


155]  9GE0RGEL 

with  wham  the  |>Hson«r  had  the  hotioiir  to  be 
well  acquduteii^  am)  im  would  present  Mr. 
Lynch  to  my  lord  as  bis  ymrticolar  acquaint- 
aure.  It  tiajipencd  to  Lie  too  late  to  get  to  lord 
North  and  Grey*s  by  dmner,  ^bereopon  they 
jiut  in  at  the  Greeu-Mati  near  Epping  fore*l, 
whichf  g^ntlemtn,  it  at  Lay  ton -Stone  in  your 
CO  uiity .  Din  ncr  not  bein^  ready  at  t  h  eir  com  * 
ing  thither^  they  entered  into  oonversation  on 
the  former  topics,  and  Mr.  Lynch  di^sirijiij 
to  give  him  some  m«»ight  into  the  scheme 
that  was  formed,  the  whole  subject  matter  of 
their  former  coosullati^ns  uud  dlseonrses  were 
repeated  about  seiziiig  lord  Cadogan,  seizing 
the  ministcit  nf  Htate,  oi  gettiof*'  part  oi^  the 
army  to  declare  for  them,  and  for  tteizing  the 
kiufpa  person  ;  and  these  things  were  then 
Pigr^ed  to  by  tbetn.  At  this  place  it  ifus^  that 
the  pii$oner  puUed  out  of  his  pocktftt  and 
ebewt^U  to  Mr.  Lynch  the  traitorous  writing 
laid  in  the  indictmcDt,  which  was  a  declara- 
tion to  encourage  a  genei'al  rising,  writ,  as  tlie 
witness  believes,  in  the  prisoner's  own  bi^d  ; 
tmd  that  part  whidi  contained  the  promises  of 
rewanls  to  be  given  to  the  soldiers  and  other 
persons  to  encounige  them  to  come  into  their 
designs,  was  read  by  the  witness ;  after  whiclt 
Mr.  Layer  took  his  paper  away,  and  put  it  up 
■o  his  pocket  again.  My  lord,  when  they  had 
dined,  they  went  on  to  lord  North  and  Grey ^3 
Louse  (whom  your  lordship  will  hear  men- 
tioned by  the  evidence  as  tne  person  thought 
on  10  be  general  in  this  undertaking)  ;  tfisy 
staid  there  that  night,  and  dined  tliere  next 
day,  and  aAer wards  they  had  n  second  lueetiiig^ 
At  lord  North  and  Grey^a,  Your  lordvliip  and 
the  jury  will  be  plea&cd  to  observe,  that  this 
evidence  will  he  a  fuU  and  positive  proof  by 
this  witness,  that  the  overt-acts  hy  publishing 
this  tnjiilon»us  writing,  encouragiug  persons 
to  take  up  arms  against  his  majesty,  of  the 
consultations  and  agreement  to  levy  war,  to 
set  the  Pretender  on  the  throne,  and  to  seize 
his  majesty**  person,  were  done  at  the  Green- 
Mio,  in  the  county  of  Essex ;  and  this  will 
likewise  be  an  evidence,  tliat  all  the  overt* acts 
laid  in  the  indictment  (except  publisliing  the 
traitorous  writing)  wtre  doue  in  the  county  of 
l^Iiddlesex. 

Hy  kird,  the  neitt  witness  we  shall  produce 
IS  Matthew  Piuukett,  formerly  a  serjeant  in 
some  regiment;  he  had  been  formerly  ac- 
^uainteil  with,  and  had  been  serviceable  to  the 
prisoner,  and  was  very  well  acquainted  vv^itU 
€06  James  IHuokett,  which  James  Plunkett 
was  a  great  aoauaiutance  of  the  prisoner's. 
This  James  Plunkett  desired  the  witness,  Mat- 
thew  Plunkett,  tu  meet  th«  prisoner  10  July 
last  ai  the  Italian  codee- bouse  in  llusset-court, 
which  the  witness  could  not  comply  with ;  but 
the  witness  met  the  prisoner  the  Sunday  fol- 
lowing in  Lincoln's-iDii'fields;  they  were  to> 
frether  near  an  hour,  the  prisontT  gave  him 
AD  account  of  the  intended  general  risiug,  and 
iLsked  the  witness  it'  he  knew  any  old  sei3«ants 
t^r  soldiers  who  can  disci  [dine  a  mob,  agreed 
With  ium  iQ  procure  sudb,  mtsniioiied  to  hiai 


Trkd  of  Ghrisiophet  Ln^er^ 

sereral  persons  (it  to  lie  at  the  head  of  <^ 
eoterprisee ;  and  in  ord^r  to  make  hiin  dili( 
he  gave  him  (it  that  time  half  a  crown  ; 
money  was  not  only  given  hiui  at  thai  I 
but  a  promise  was  made  10  him  of  turtlti 
wards.  Ttie  t>risoiier  having  occosi^ 
in  the  country »  one  Jitfiey^t  a  noii(|i)| 
gyman,  was  sent  to  IViatihew  Pin 
Layer  (and  tins  fact  iLat  I  am  goitkgi»-4 
must  not  be  Imrely  c<Hisidered  as  iiii>  aci^ 
tweeii  Jeffreys  and  Plunkett,  hut  it  will  htf^ 
brought  directly  borne  to  the  act  of  Lajrct| 
hiiusetf.)  JeBreya  tuld  Plunkett  he  cmmic, 
from  the  prisoner,  and  that  he  waa  tmpkiyt4^  \ 
by  him  to  go  to  such  as  the  witness  wi^  itli#  | 
were  old  serjeaots,  to  get  a  number  of  tkcni  !•»  | 
gether  to  discipline  the  mob,  in  oi'der  to  the  f^  , 
neral  rising:  the  next  day  they  met  again, , 
and  had  the  like  discourse,  snd  Jedfreys  gmtv^ 
Matthew  Plunkett  half  a  guinea;  aiid  wtntt^ 
brings  tliis  home  to  the  prisoner,  ta,  that  b«  | 
told  Plunkett  he  had  \e\\  a  guinea  with  tb«^ 
nonjuring  parfiou  to  give  him,  and  talked  witb: 
him  on  thtf  same  subiect  that  Jetfreys  had  dift*^ 
courised  the  witness  before.  Hut  in  fact,*^*" 
freys  did  not  give  Plunkett  the  guinea,  be| 
him  but  half  a  guinea. 

My  lord,  alier  Mr.  Layer  went  out  of  1 
Piuukett  gave  him  an  account  what  prog 
be  hsd  made  in  the  aH^air.     Plunkett  told  1 
that  he  bad  got  several  old  soldiers  that  1 
bear  a  part  iu  this  business:  the  prisoner! 
be  must  take  care  to  keep  a  list  of  their  naa 
and  the  places  where  they  lived,  that    ' 
might  be  in   a  readiness  when  they  shi 
have  occasion  for  them.   And  on  Sunday  b^  " 
the    nriiioner    was   taken    up,    he    told 
Plunkett  that  a  great  many  of  his  countryi 
were  turned  out  of  the  guards,  and  askecf  fa 
if  he  knew  where  they  lodged;  and  upoti4 
witoeas's  answer  that  he  dul  not,  the  pria 
direcled  him  to  take  a  list  of  their  tvames^j 
places  where  they  lodged,  that  he  might  h«f 
them   when  occasion  required.     80  I  but  in 
is  Mr.  Lynch  a  positive  witness  as  to th« oa 
acUiu  Kssex;  Mr*  Lynch  and  Mr.   Phu 
positive  as  to  the  overt-sets  in  Middlesex*  \ 
their    testimony    confirmed    by    the    sch 
under  the  prisoner's    own    hand,    and 

f»apers,  which  we  shall  produce,  found  ainon 
lis  papers  wbii^h  will  leave  no  room  to  do 
of  the  truth  of  their  evidence.  Besides, 
lord,  the  |>risoner  l^eing  seized  in  Septi 
last,  we  tihtili  give  an  account  when  he  wa 
custmly  of  a  messenger,  locked  up  in  a 
two  pair  of  stairs  high,  he  made  ashifttai 
hises(;ape,  got  to  the  water-sidei  and  ^ 
sculler  to  carry  him  over  the  river ;  bell 
ally  got  over  the  river,  hut  he  waa 
again  iu  St.  George^s-heids,  and  brought  I 
to  the  messenger,  and  offered  very  eoosidersbloi^ 
sums  to  the  persons  who  retook  him  to  let  hint 
go«  1  believe  it  is  hardly  to  be  imagined^  a 
person  jierlectly  innocent  would  venture  to  gel 
out  of  a  room  two  story  high,  and  in  tli« 
manner  he  did,  and  offer  to  give  such  a  reward 
to  the  pcrsQUi  who  retook  him  to  let  htm  get 


BTJ 

«M  Smmli 


^fir  High  Treason, 

I  becimseioiis  to  hmicelf  tbat  lie 
gical  dao^r.  There  were  like- 
Ml  bis  house  arms  more  thim  ne* 
%r  Im  ttse,  and  which  he  has  con- 
fo  be   used  if  there  had  been  a 


HjImI,  t»  corroborate  the  tettimoisy  of  the 
mttamm,  we  aball  lav  before  your  lordship 
■A  Ikt  flrmlef»vD  ef  the  jury,  the  several 
^beb  were  found,  i  may  say,  in  Mr, 
Imlv  ;  1  don*t  say  tfiey  were  ac- 
In  liis  custody,  hut  it  will  eomt^  to 
;  for  he  had  delirt-re<l  them  in 
Mrs.  Ma^>n  the  witness,  whom 
ptn&ttc^  with  directions  that  slie 
B»  pariicolcir  care  uf  tbem  ;  and  ihey 
in  her  custody  not  looij  after  the 
s  commitlcHl  to  the  rustody  of  u 
•be  saw  every  one  of  them  marked 
Vr^pmis  who  aei'^ed  them,  and  marked 
laMjinif :  there  are  not  only  the  scheme 
■tfiacj^fbers  and  letters  mentioned  hefore, 
lilite  Irft  promiBSory  notes  subscribed  by 
ivI^hMrn^er  t  these  pronuftsory  notes  run, 
ladUMMiledge  Co  have  received  from 

ibe  aufn  of  which  mm 

to  repay  with  an  interest  for  it  Bt 

iH  of  per  an  n ,        J  aivi  ej^  E .^ 

asy  Qtaii  imagine,  if  there  waff  nothing 

^la  «^ plain  tbeofi,  that  these  ooteti  were 

hmint  onthtng?    £?ery  body  must  beliefe 

iM  Ibry  were  intended  to  be  fnadc  use  of  to 

imy  wm  the  conipiracy;  but  we  iihall  shew, 

\f  ^e  prisoner's  own  confe^ion,  thnt  they 

apve  aent  n'rer  to  him  by  sir  Williom  Ellis,  in 

«|pr  to  be  mM\e  use  of  slh  occasion   should 

,  IB  protMMe  theve  designs  in  favour  of  the 

Among'  these  pupeis  several  Jist*^ 

lUiii)   which   will  lie  prmluced,  some  of 

eeolAtti  the  nuint»er  of  the  oncers  and 

tf  ibf  aoWteta  in  ihe  cfuards,  some  the  names 

tf  fiber  olBoeni  and  told lers,  and  some  thv 

tabo^^tftbe  ofiusera  belonifing-  to  tbe  Tower. 

kttoil  be  i^wiied,  that  in  some  of  those  Hits, 

i««  am  Am  names  of  several  persons  of  as 

(pm  botioiir,  loyahy,  and  tide! ity  to  bis  ma- 

JHI|.  as  any  subjects  bis  majesty  bath ;  yet 

i»ffnmni>^  the^  lists  conid  be  for  nothing 

lit-lB^cC  Hii   tofonnation  of  the  uumlier  and 

^■•Kirr  of  tbe  persons  in  bis  majesty ^s  ser- 

siit.  la  knovr   tlie  strength  of  his  majesty's 

f•«^  tbat  intelti^nce   mic^ht  be  civen  and 

itt^s  framed  accordioifly,  and  tfmt   there 

tmglB  bm  taoiperin^  with  such  as  there  could 

Aa^tjf  bopcs  of  bnntrin^  o^ev  into  the  Kre- 

laAv^  nierest :  if  Ihe  prisoner  can  put  any 

iAv  eattstnicrtion  upon  bis  havinpf  tliese  li§ts 

into  cuitddy,  he  will  have  an  oppoi tuuity  to 

^•l»   TbcTSC  tilings  bein^  proved,  I  apprehend 

ItosfngDaina  no  doubt  but  tbat  the  prisoner 

will  tppanr  to  be  guilty  of  the  crime  char^l 

c^bin  in  this  indictment :  but  besides  all  tois, 

wsaball  pffive  bis  confession  by  two  witnesses, 

«lMneby  be  bas  confessed  every  overt- act  laid 

M^Ckia  lodietment,  the  several  transactions  that 

Mr.  I^rynebaud  Flunkett  wilJ  give  account  of, 

«Ji  ibciacu  that  1  have  meuiioned 

s 


A/D*  irn.  [158 

I  before.     I  shall  conolude  with  this,  fifentlemen 
of  tbe  jury,  that  if  we  make  out  these  fac 
as  tbey  have  been  opened*  and  according" 
my  instructions,  I  have  no  reason  to  make  tfa 
least  questiim  of  it,  it  must  be  left  to  your  con-* 
si  deration  whether  the  prisoner  at  the  l>ar  ii 
Ifuilty  of  the  oflence  fur  which  he  stands  in^ 
dictetj  or  not ;  if  }  ou  shall  be  satislied  by  iIh 
eridence  that  be  is,  I  do  not  doubt  but  you  wil 
do  justice  (which  is  all  that  is  desired  of  you)^ 
arid  find  a  ver*lici  fur  the  kini^- 

Sol.  Gen,  If  your  lonls! tip  pleases,  we  will 
now   proceeil  to  examine  witnesses ;  and  wi 
desire  tliut  room   may  be  nvade  for  I  be   wil*^^ 
ne«^es  to  come  into  court.     Call  Mr*  Silephen 
Lynch. 

i.  C.  J.  You  must  make  way  there. 

Priifwer,  Wy  lord,  I  humbly  desire  before 
this  witness  be  swm  n,  that  he  may  be  exauilned 
upon  a  Voyer  dire,  whether  be  hath  not  a 
promise  ai  pardon,  or  some  other  reward  for 
sweariu^  against  me? 

L.  C  J.  Hir,  you  cannot  ask  him  that 
question. 

ftlr.  Rungerford.  I  hope  we  shall  he  at 
berty,  and  have  a  right  to  enter  into  an  exan 
nation  of  this  matter.     If  a  man  is  rt^presenti 
to  be  in  the  same  circumstances  with  tbe  prw 
soner,  and  the  prisoner  led  into  the  same  cir<^ 
cnmslances  by  the  person  proposed  as  a  wjt-M 
ness,  and  afterwards  by  him  involved  ip  tht 
same  oiTence  ;  if  the  person  therefore  prop 
us  a  witness,  hath  a  promifie  of  pardon  or  i 
reward,  upon  condition  that  he  would  sweat 
against  the   prisoner,  he  cannot  by  law  be  n 
fjfood  witness ;  the  person  prufHised  as  a  wit* 
ness  must  be  a  cretlible  witness,   nmst  he 
legal  witness,  must  not  be  convicted  of  perjor^/^ 
or  any  other  notorious  offence^  a  free  witttes 
that  is  uot  uuder  restraint  for  the  offence  he 
accuses  another  of  j  and  therefore  we  hope  we 
Imve  a  rif^ht  of  asking  whether  he  acts  under  .. 
the  intluence  of  any  promise  of  reward,  or  ih 
promise  of  a  pardoi :  and  the  right  we  have 
of  examining  him  to  the  promise  of  a  rewar' 
or  pardon,  is  supported  by  the  authority  of  mjil 
Inrd  chief  justice  Hnle*  as  reported  by  KelvuiCe.if 

Mr.  Kettitey.  My  lord,  1  would  not  tate  up^ 
your  lordsbip^s  time,  and  submit  the  weitifb' 
at'  what  Mr.  Hungerfortl  has  offered  to  your  I 
consideration;  hut  we  found  our  ri^btofaak* 
imy  this  i|uestioQ  upon  my  lord  chief  justice 
Hale^s  express  declaration,  set  forth  at  lar^e  in 
Kely nereis  Reports,  tol.  IB,  which  1  Imve  here 
in  my  nand.  I  must  likewise  beg  leave  lo  ob- 
serve tn  your  lordship,  that  thts  4]ue8tion  was 
formerly  asked  in  the  trial  of  Gordon  and  Dor- 
rell  to  one  Adams,  that  had  been  in  tbe  same 
conspiracy  with  those  that  were  hroug'ht  to 
trial  for  high  treason^  and  was  then  produced  as 
a  witness  against  them  ;  the  book  was  then 
brought  into  court,  and  tlie  quotatioa  read  be- 
fore your  lordship,  and  accordiuj^  to  my  notea 
of  that  trial,  which  I  have  here  brought  with 
me  for  my  justiHcation,  (I  submit  to  your  lord- 


ISO) 


1>6E0R&E  I. 


Trial  rf  CkriHopher  Layer f 


[440 


•f  his  power  ioteoding  to  chan^,  alter  and 
■nbvert  the  governmeDt  of  tbii  kingdom,  law- 
fully aud  happily  established  under  his 
present  rosjesty,  and. to  depose  and  deprive 
nis  said  majesty  of  bis  title,  honour,  royal 
estate  and  j(overninent  of  this  kingdom ;  and 
tp  advance  to  the  crown  and  government  of  this 
realm,  the  person  in  the  life  of  the  lato.  king 
James  S,  pretended  to  be  prince  of  Wales, 
and  after  the  decease  of  the  said  king  James 
pretending  to  be,  and  taking  upon  himself  the 
stile  and  title  of  king  of  England,  by  the  name 
of  James  3,  did  opon  the  S6tb  day  of  Au^st 
in  the  ninth  year  of  his  present  majesty's  reign, 
and  at  several  other  days  and  times,  at  Lay  ton- 
fkone,  in  the  county  of  Essex,  ftlsely,  malici- 
ously, and  traitorously,  compass,  imagine,  and 
intend  to  depose  our  said  sovereign  lord  king 
George,  from  his  title,  regal  state  and  govern - 
■dent,  and  the  said  king  to  kill  and  bring  to 
utter  destruction. 

The  Indictment  further  sets  forth.  That  he 
the  said  Christopher  Layer,  to  perfect  and 
bring  to  effect  his  treason  and  trsitorous  pur- 
poses, on  the  said  S5th  day  of  August,  and  at 
several  other  day's  and  times,  at  Layton-Stone 
aforesaid,  iogetner  with  divers  other  false 
traitors,  to  toe  jury  unknown,  did  falsely, 
maliciously,  and  traitorously  meet,  consult, 
conspire  end  agree,  to  move  and  stir  up  an  in- 
surrection and  rebellion  in  this  kingdom,  against 
our  said  sovereign  lord  the  king. 

The  Indictment  further  sets  forth.  That  he 
the  said  Christopher  Layer,  to  perfect  and  com- 
plete  his  treason  and  traitorous  purposes,  on  the 
said  3&th  of  August,  at  Lay  ton  Stone  aforesaid, 
with  force  and  arms,  did  falsely,  maliciously, 
and  traitorously  publish  a  certain  malicious, 
seditious,  and  traitorous  writing,  containing  in 
itself,  and  purporting  to  be,  an  exhortation  and 
promise  of  rewards  to  the  subjects  of  his  said 
majesty,  to  persuade  and  excite  them  to  take 
up  arms  and  levy  war  against  our  said  sovereign 
lung  George. 

The  Indictment  further  sets  forth,  That  the 
said  Christopher  Layer,  together  with  other 
faliie  traitors  to  the  jury  unknown,  to  complete 
and  bring  to  eflfect  his  traitorous  purposes,  on 
the  said  S5th  day  of  August,  at  Layton-Stone 
aforesaid,  with  force  and  arms,  did  falsely,  ma- 
liciously, and  traitorously  meet,  consult,  con- 
snireand  agree,  to  exalt  to  the  crown  and  royal 
dignity  of  this  realm  the  |)erson  in  the  life  of 
the  late  king  James  Sod,  pretended  to  be  prince 
of  Wales,  by  means  of  an  armed  force  and 
troops  of  soldiersy  for  that  purpose  to  be  raised 
and  levied. 

The  Indictment  further  seta  forth,  That  the 
said  Christopher  Lsyer,  to  perfect  his  said  trea- 
son, on  the  said  85th  day  of  August,  at  Lay  ton- 
Stone  aforesaid,  maliciously  and  traitorously 
did  raise,  levy  and  retain  several  men,  to  the 


jory  unknown,  to  lake  ap  arms  and  levy  war 
within  this  kingdomp  aganot  nor  said  nvwi ' 
lord  the  king. 
That  the  said  ChiHlophir  Liyar.  I9  v 


of  Auffust  at  Layton-Stone  aforewd,  togeftcr 
with  divers  other  false  traitors,  to  the  jiiry  m-. 
known,  did  falwly,  maliciously  and  trailofoalj 
meet,  conspire  and  agree,  to  take,  aeise,  ifnprt: 
son  and  detain  in  custody  the  sacred  pmmi  of 
our  said  sovereign  lord  the  long,  agaipat  Iha 
duty  of  his  allegiance,  against  the  peace  of  Ihn 
king,  his  crown  and  dignity,  and  againit  Ibo 
form  of  the  statute  in  that  case  made  and  m^ 
vided.  To  this  indictment  the  priaoMr  M^ 
pleaded,  Not  GuUty. 


Seij.  PengelfyJ*  May  it  please  i 
ship,  and  you  gentlemen  of  the  jury*;  tho  pri- 
soner at  the  bar,  Mr.  Layer,  cornea  now  Itfilo 
tried  before  you,  for  a  wicked  and  dcMhilo 
conspiracy  ag[ainst  the  person  of  hh  maii^i; 
and  against  his  government ;  and  thin  In  6mm 
of  an  attainted  and  abjured  Pretender  ;  9  Rui 
tender  whom  the  prisoner  liimself  has  ^Vii 
in  words,  and  ought  to  have  renounced  ui  Idt 
heart. 

The  indictment  contains  a  cbam  of  kU 
treason  against  the  prisoner  at  tho  bai^  lie 
compassing  apd  intcndin«;  the  depoMBg  tho 
king,  and  also  his  death  and  destruction. 

The  particular  facts  laid  to  provo  thin  tai* 
torous  imagination  and  intent,  and  which  ihc 
prisoner  put  in  execution,  in  order  to  bii^g  ta 
effect  his  treasonable  purposes,  are  Ave.  ^ 

The  first  is ;  that  the  prisoner,  with  other 
traitors,  did  consult,  conspire  and  agree  to niil 
a  general  insurrection  and  rebellion  in  thloM* 
tion  against  his  imyesty.  1 

The  next;  that  he  did  publish  a  le^liliif 
and  treasonable  declaration,  containinff  iooh^ 
ments,  and  promises  of  reward,  whereby  tea* 
cite  and  stir  up  his  msjesty's  subjects  to  triM 
up  arras,  sod  to  levy  war  against  hb  uiiyM^ 
within  this  realm. 

And  farther ;  that  he,  with  other  tnilHIk 
conspired,  consulted  and  agreed  by  an  anaad 
force,  to  exalt,  and  bring  the  Pretender  to  Ui 
majesty's  crown,  to  the  throne  of  theto  kla 
dome,  and  put  him  into  the  poMeatiiN 
government  thereof. 

That  he  hath  provided,  levied,  and 
several  persons  to  Uke  up  srins,  and  lo  Imrf 
war  agamst  his  majesty  within  this  kingitoa^ 
for  the  executing  these  traitoroua  porpoaeB. 

The  last  overt  act  alleged,  and  to  finish  ddf 
conspiracy,  is,  that  he,  with  the  other  trailpi% 
consulted,  conspired  and  amed  to  seioo  upB% 
and  to  imprison  the  sacred  person  of  hb  nM 


sz 


jesty. 

Gentlemen,  it  is  unneoeasary,  when 
facts  are  opened  to  yon,  to  acquaint  you,  fkd    [ 
an  attempt  of  this  nature,  if  it  nad  auooaodiit 
would  have  been  the  subversion  of  the  pffMift  j 
happy  esUbliibment,  and  the  ProtealaBt  M^Jj 
cession,  so  often  confirmed  by  the  canowr 
tho  wholo  nation,  and  tho  ooly 
roligioaa  and  civil 
wonldaUr 


161}  for  High  TtiUim. 

m  miamfml.    For  tbese  reasons,  as  well  as 


A.D.  1722. 


[162 


ol"  tlie  authority  they  produce, 
v»  ^prcbciul  there  ia  no  force  in  |be  objec- 

ftfen  -     Mj  lord,  I  know  not  whe- 

lks ii  t  l>e  laying  too  great  a  weight 

the.  ut^cciioD,  for  so  many  uf  the  king's 
lel  to  answer  it ;  for  oiy  part  I  tliink  it 


%t,  Hmn^erfbrd.  J  tirg:e  it  thfia  far :  what* 
is  produced  in  a  conrt  of  justice 
f  be  inii'at  appear  to  he  utterly  un* 
I  point  of  iutei  est  in  the  coosefpience 
If  a  man  produced  as  an  evidence 
tlie  dflit  upon  the  defeodaiit,  shull, 
aw  exmriiiucd  upon  a  *■  royer  dire/  dis- 
ithat  oe  19  to  hare  a  part  of  the  money  re> 
I,  ia  oQrt  such  a  [tersou  flisahl^d  from  he- 
\  W(ti»ess  at  all  ?  /\ud  is  not  a  |irosnise  of 
I  to  the  wttfiesa,  in  ca^e  he  con r lets  the 
,  A  greater  bias  ttiau  the  witnesses  huv- 
■f  fart  of  the  money  recovered  ?  lu  a  civ  it 
OJiellie  t[t>e^tion  ia  not,  whether  the  witnes>f 
kfeHfli^  to  «i«rear  a  truth  or  iulshood  ?  but 
'  lite  %%^itfi€i»s  doth  not  appear  to  be  so 
fcrqawtted  io  iotereM,  thit  he  ou^bt  nut  to 
WtXAnteed  at  all  f  And  therefore  1  humhiy 
intttftiat  %re  oai^ht  to  hare  an  account^  whc- 
fbrltie  ^itQCM,  Lynch,  halh  the  promise  uf  a 
nitkni,  or  aoy  reward  tor  tliiit  which  he  is  to 
ll  Itre,  %iz.  for  the  evidence  ke  is  to  give 
a|ttMt  the  i^ri^oner?  As  to  the  consequence  of 
tmk^  '  \  it  is  luditTei-ent  to  trie  whe- 

tWf  It  lole  hiin  from  being  a  witness 

liifilttieiy,  ar  go  to  bis  credit  only  ;  for  it  it 
'  1  come  out  tliat  he  huth  such  a  promiae, 
i  00  jury  or  man  livinff  will  bclie?e 
I  that  is  much  the  t>ame  as  if  ho  were 
^Irmiaeeil ;  thoag;h  il  seems  more  aj^^eeable 
IP  tJtt;  praitice  to  eivil  cases,  that  he  should 
Bot  tx:      '       '    t  asawitoesft  at  all, 

lir  7.     Mr,  8<dn'itor  mistakes  the 

watA%  tyi  ^i<^  'Hiuk  as  [  reat!  them ;  he  is  pleas- 
•d  to  understand  them  as  if  aU  the  rest  of  the 
pAgtm  differed  in  opinion  from  my  lord  chitf 
ftvan  Hair  i  but  the  book  iloes  not  say  ao,  it  is 
mkf  that  aume  of  the  other  judges  were  of  opi- 
nutt  tlmt  it  did  not  dis;^ble  him,  but  all  agreed 
tl^  it  went  CO  his  credit,  and  that  was  all  I 
tia4  to  lb«  book ;  and  1  would  not  have  offered 
ilalliemise  than  as  it  was  truly  there,  upoo 
mj  eom«lcratioQ  wliat«ioever;  hut  whether 
im  qooCtoti  be  asked  at  first  or  last,  so  as  we 
kM«an  answer  to  it,  1  am  contented, 

L  C  J.     Yoii  aee  the  most  you  can  make 

ifil  tMf  that  it  is  au  objection  tt»  his  credit ;  and 

lift  Qocs  t'«  hiH  creilit,  must  he  not  be  sworn, 

bt*  credit  lelt  ta  the  jury  P    Lie  must  be 

1  ns  a  te^al  witness  ;    but  if  this  man, 

#.TTi^i  tinon  and  promtse  of  a  p.irdoti, 

svtearthat  which  is  not  true, 

'1  asL  him  to  tliat,  he  h  not 

to  answer  it*     Nobody  ia  in  discredit 

rlf,  but  always  to  be  taken  to  l>e  innocent 

M  tt  «p>|tmr»  other wi:ie.     It  i«  expressed  that 

Ih  liaa  m  promise  oi  pardon  :    what  to  do  ?    To 

»€  etidrncr.    Gifa  tvidebcr!   Whv  should 


he  notr  Ts  be  oc^t  obliged  to  itP  Suf>pose  ha 
gires  evidence  ac€ordiiiO[  to  thetiuth,  lie  would 
be  entitled  as  much  to  bis  pardon,  osif  be  gava 
evidence  of  that  which  is  not  true*  The  moat 
you  can  Bay,  isi,  he  has  a  promise  of  pardon  if 
he  gives  evidence  ;  and  can  ymi  conclude  from 
thence  that  he  can  give  no  evidence  except  a 
false  evidence?  If  they  who  a«>k  the  question 
insinuate  any  thin^  like  that,  it  ought  not  to 
have  an  answer :  but  if  he  hath  a  promise  of 
pardon  if  he  eives  a  true  evideacCi  it  is  no  ob*- 
jection  to  bis  being  a  witness,  or  to  bis  credit, 

Prhtmer,  My  loni,  I  huuibl}'^  hope  our  ob- 
jections will  thus  far  prevail,  and  that  we  shall 
come  at  the  fact. 

X,  C.  /.  When  Ire  is  sworn  yoa  shall  ask 
him  what  questions  you  please. 

Just.  Eyre.  The  objection  which  jnves  oc- 
casion to  insist  up^>n  this  question,  arises  from 
the  influence  which  tlie  hoptsof  pardon  may 
possibly  have  upi»n  th«  witness  ;  and  ifttiis  b« 
a  reusou  for  fiettingr  aside  a  witness  as  incajia- 
bte^  no  accomplice  nho  discovers  a  conspiracy 
can  ever  be  allowed  to  prove  it  ujjon  oatli ;  for 
]  believe,  no  man  ever  yet  made  a  discovery 
but  M'ith  the  hopes  of  pardon  ;  and  a  goveru- 
meut  is  obliged  in  honour  to  {>raut  it,  whera 
the  ctinfessiou  apjiears  to  be  ingenuous  and  Bio- 
cere;  and  therefore  if  the  hope  or  prospect  of 
pardon,  which  is  all  that  can  be  inferred  from  a 
promise,  should  be  an  objection  to  the  com|)a« 
tCQcy  of  a  wituesSj  no  government  would  ba 
safe  ;  Ibr  treasonable  conspiracies  might  ba 
formed  and  carried  on  with  impunity^  when  the 
persons  concerned,  from  whom  alone  a  full  dis- 
covtry  can  be  had,  are  utterly  incapable  of 
proving  the  fact,  though  \\iey  give  all  possible 
marks  of  their  sincerity  and  truth.  They  have 
therefore  been  alwavs  Vllowed  tu  be  witnessea ; 
and  1  do  net  remember  that  ever  any  objection 
was  made  to  their  competency,  till  the  case  of 
the  king  and  tinrdon,  when  the  counsil  fur  the 
prisoner  woald  have  asked  the  same  qufstioo 
which  is  now  proposed^  hut  the  Coutt  did  not 
think  it  proper  before  the  witness  was  aworu  ; 
for  no  person  produced  as  a  witness  can  he  exa- 
mined to  any  matter  which  only  alTects  hit 
creditf  and  is  no  objection  to  his  competency, 
till  alter  he  is  sworn  to  give  evidencCi  and  bat 
beeo  examined. 

Just.  Poajyjr,  Mr.  Hungerford  would  do  well 
to  remember  the  several  acts  of  parliament 
made  to  give  encouragement,  by  a  reward  of 
4Q/.  for  the  apprehending  and  convicting  uf 
every  false  coiner,  highwayman  and  bouse- 
bre^iker;  and  if  a  cruuinariu  those  ofiencea 
shall  come  io,  and  discover  and  convict  two  of 
his  accoinphces,  he  shall  lie  entttleil  to  a  par- 
rlon  ;  and  by  the  express  words  of  ttie  6t[i  of 
queen  Anne^  (»hult  have  the  reward  of  40/.  for 
each  houwbreaker,  and  shall  also  himseJf  bo 
entitled  to  &  pardon  ;  so  th»t  the  i>atliament 
thoiirrhi  it  pi'opcr  to  give  even  money  as  we  I 
ns  :i4)Mrdon  to  such  discoverer.  Yel,  ever  since 
the  making  of  those  acts,  the  jier^ms  sn  pn»- 
mised  and  encouraged,  have  upon  those  trials 
been  admitted  as  good  witnesses  tneu  betore  a 

M 


1 

I 

I 

1 


143]  9  GEORGE  I. 

this  design,  are  Stephen  Lynch  and  Matthew 
Plunkett ;  (which  last  had  been  a  aeijeant  in 
the  army)  with  whom  the  prisoner  consulted, 
and  whom  he  eng^aced  in  this  desperate  at- 
tempt ;  and  we  shalfcall  some  other  witnesses 
to  confirm  several  circumstances  in  their  evi* 
deuce. 

Mr.  Lynch  is  a  |ierson  the  prisoner  mig^ht 
have  reasonable  hopes  of  eng^aging^  in  this  ser- 
Tiee:  he  had  been  formerly  acquainted  with 
one  Dr.  Murphev,  who  (I  am  instructed)  was 
in  the  rebellion  that  broke  out  in  the  begfinning 
of  his  majesty's  reign :  Mr.  Lynch  having 
been  abroad,  and  absent  for  sometime,  returned 
into  England  in  April  last :  upon  his  return, 
Dr.  Murphey,  his  old  acquaintance,  meets  with 
him,  bids  him  welcome  to  England,  and  tells 
him  that  an  affair  «»as  going  on  by  which  he 
might  make  his  fortune,  and  advises  him  not 
to  go  out  of  England :  that  there  was  an  inten- 
tion to  rise  in  favour  of  the  Pretender,  whoip 
lie  called  his  king,  and  he  would  take  care  to 
fecommend  Mr.  Lynch  to  a  person  who  had  a 
great  part  in  that  affair. 

Mr.  Lynch  having  suffered  liefore,  and  run 
a  great  hazani,  was  unwilling  immediately  to 
enter  into  any  engagement,  but  proposed,  that 
if  he  could  have  sufficient  encouragement,  and 
what  he  expectetl  as  a  reward,  he  should  be 
willing  to  stay.  Some  time  after  Dr.  Murphey 
introduces  Lynch  to  the  orisoner  at  the  hart 
The  first  time  they  met,  I  think  it  was  the  be- 

S'nning  of  June  last,  they  went  to  the  prisoner's 
dgings,  which  were  then  at  the  upper  end  of 
Chancery-lane;  and  he  being  about  to  remove 
his  goods,  desired  them  to  go  to  a  tavern,  hard 
by,  the  Griffin  tavern  in  Hollram.  To  this 
place  the  prisoner  at  the  bar  came,  where  Dr. 
Murphey  presented  Lynch  to  Mr.  Layer,  as  the 
gentleman  Dr.  Murphey  had  before  recom- 
mended to  him  ;  Mr.  L^yer  received  Mr.  Lynch 
at  that  time  with  great  civility,  and  tells  him, 
that  the  recommendation  he  bad  received  of 
Lynch  from  Dr.  Murphey,  made  him  not  to 
doubt  of  his  integrity  and  ability.  Then  they 
entered  upon  a  consultation  as  to  the  carrying 
on  of  this  desigpn ;  Mr.  Layer  introduced  it  with 
represeuting  an  uneasiness  in  the  nation  in  ge- 
neral, and  liow  fair  an  opportunity  there  was  to 
bring  about  a  revolution :  But  In r.  Layer  tell<j 
him,  that  one  of  the  first  and  principal  steps 
was  to  seize  upon  a  general,  or  other  great 
man  (which  you  will  observe  is  one  part  of  the 
■cheme)  and  upon  Dr.  Murphey's  recommen- 
dation of  him  as  a  fit  man  for  that  service,  Layer 
proposes  to  Lynch  to  undertake  it.  At  this 
time  Lynch  acquainted  Layer  with  the  diffi- 
culties he  had  been  in,  and  that  an  aflair  of  this 
nature  would  take  up  some  time  before  it  could 
be  put  in  execution,  and  he  could  not  well  en- 
gage in  it  without  some  farther  encouragement, 
and  a  reward  in  money,  in  order  that  he  might 
live  easy  and  well  while  he  staki  here.  Upon 
that,  the  prisoner  at  the  bar  promised  hiia  sup- 
plies of  monev  for  bis  suoaisteBoe  and  ex- 
pences,  what  anonld  be  neaeanry,  besidei  fu- 
tura  fawardaf  and  id  piiMaaoa  af  that  pco- 


Trial  of  Chriitof^ier  Layer  ^ 

mise,  Layer  hath  seyeral  times  ! 
Lynch  with  money,  to  engage  him  r 
fectually  in  this  design,  and  to  support 
it.  ,  By  these  assurances  Lynch  was  p 
upon,  and  then  agreed  to  enter  into  t 
spiracy,  and  to  take  upon  him  the  part 
that  should  be  signified  to  him. 

Gentlemen,  the  prisoner  did  not  tli< 
a  full  discovery  of  the  person  that  wi 
seized ;  bnt  they  were  to  meet  again, 
did,  alM>ut  the  latter  end  of  June,  at  tl 
tavern:  There  the  prisoner  disclosec 
witness  the  particular  person  who  was  d 
to  be  first  seized.  He  acquaints  the 
that  the  person  he  (the  prisoner)  inte 
their  former  meeting,  and  whom  he  c 
the  witness  should  seize,  is  the  genera 
array,  the  earl  Cadogan  ;  and  liynci 
find  out  such  other  persons  as  he  co 
upon,  for  the  assisting  in,  and  effecting 
terprize;  whereunto  Lynch  agreed, 
then  acquainted  him  what  steps  were 
made  in  the  conspiracy,  and  that  .they 
be  headed  and  commanded  by  a  genei 
had  wit,  and  courage  and  resolution,  a 
were  supported  by  a  great  many  frien 
had  full  power  and  authority  from  t 
tender  (whom  he  called  king)  to  act,  i 
was  intrusted  with  a  commission  as  his 
and  whose  orders  Lynch  was  to  obey. 

The  prisoner  and  Lynch  had  sever 
meetings,  some  at  the  Griffin  tavern,  an 
at  the  prisoner's  own  house  in  Old  South 
buildings,  where  the  prisoner  alwi 
couragcd  Lynch  to  persist  in  the  undo 
by  assuring  him  that  all  things  went  \ 
and  that  the  design  was  so  well  laid 
could  not  probably  miscarry :  That  the; 
be  assisted  by  a  great  many  officers,  as 
any  motion  was  made,  and  that  the  < 
soldiers  would  declare  upon  the  first  < 
nity :  and  being  asked  by  Lynch, 
they  had  no  foreign  assistance  to  dep 
The  prisoner  answered,  when  we  bt 
business,  we  shall  not  want  relief,  if  r 
At  one  of  these  meetings  the  prisoner 
to  the  witocss,  that,  upon  the  rising,  th< 
would  be  delivered  up  to  them,  by  meai 
officer  who  was  to  be  upon  the  giianl  i 
the  day  of  execution ;  aud  that  the  p 
the  Mint  in  Southwark  would  come  in  tt 
who,  aud  all  others  that  shouM  rc|»air 
party,  should  have  anns  delivered  to 
tod  that  the  whole  design  should  be  pu 
cution  at  the  breaking  up  of  the  camp 
would  be  the  most  pro|)er  time  for  the 
inv  wita  the  soldiers  in  the  army. 

liut  at  a  meeting  they  had,  some 
August,  at  the  Queen's- head  tavern  i 
Uueeu-street,  near  Lincoln's -ino-fidlda, 
complaining  of  the  delay  in  pultiD^  fj 
sij^n  in  execution,  and  rppraafming 
of  it,  and  withal  prenng  IB  V-^ 
general  and  c 
great  CM 
of  dMiri 


\  %  ccmw^meni  tim«  should  afHer ;  i 
I  iIht  uifiti«»i^  thiit  he  shuuld  be  I 
■MMlnl  to  thin  liglile  |N;r»(tti    la  due  time,  ' 
kiB  «ii0iB    L V  r>'^^  **t'*^iU|  receive  liis  onletP* 
udog-   ills  part,  aiul 


UtKlCl    L 


'ie  24th  tlay  of 
iich  Co  ri<le  out 

,  to  take  tlie  a^r« 
luid  oil  the  '4!<t>th 

^  iicli  went  lo  the 
'\  I*yocli   to  go 

he  wituetii, 
or  piiftols ; 
:it  lie  h«d 

t^dUs  hsurel  iLr  mii>^  |ur<A,  uiicli  iho  |>ri- 
■■0^9  frrrBOi  tntglit  carry  ;    tht*  prisoner  <li- 


U*  mi 


. .  i.i 


,  be- 

witli 


^MO^   ami  titry  rente  li»|tftlb*T  tti wards 
in  EfscJi,   \^kzch  waa  ttie  phtee  tliey 
111. 

wny  s«  they  pruceeded,  Mr.  Layer 

i«iii»«*«M,  ihtil  tUey   «♦'(>■  rft^»ti|if  li>  the 

•I*  thf    lord  N*uth  uh«i  (.ifs,   where  lie 

i|t  as  ii  pur- 

)       VVhcu 

n    tjaVUHi-tloiic, 

.,  furest,  the  |»n- 
k— ,»  ..   ..  .^1  ij  f^at  fciimethihi^f 

Vb*:.  IivC44*^'  '  ill  be  too  lute  for  the 

Wi  ?*"(,- th    ami  huiii  r  t     nr>d   ttccurd* 

•19(91  »l  tl 

ii«ii,  5tiu  .  the  iritnes* 

lia*  tl  ikm  |il»r»,  liif  |in>r,rH  r  uud  Lynch  had 
<»jlku  c^tefcuJtJitjfm,  tthtrLtntl»€fe  Wflsare|ie- 
*«  Mid  cmifi  '  the  w  hole  »l*'ftig^n  and 

^'  '^  man,  in  yiiur  coun- 

i    every  prind|«il 
I  wj|»  to  }ie  c\c- 
' 'I   unto   by 
ai  the  ill* 
^  Ml-  j)r»  junii[i«mN  iisjtr:  i  rr  for  jt,  the 
l»  br  prufUkd   mid  o\i>ei:lcd  from 
|,  fnim  "  ■••-   '-  •''     '    •   ui  London^ 

^  .,iiJ  of  Cadd- 
ie tint  *i  r"  jjurprifiin^  the 
j*lli«  nisnu«  ifMl  in   tlie  plin^ 
•f  tlm  ti&oer  u}«uii  ttid 
^  froQHrdMi  to  ronxiri*  >             ;  jirove 
4irHjy  ind  «xeftmbie  pwt  H  ihe  plan, 
'' ^ktn  »\|ffM*ly  repeated  by  tlie  pri- 
^  i                I M^  dctacbtoeat  lo  «dice 

nwji  iienlaMd  Itia  r 
CDgvgcd  &  |>er> 
^  11%  BIr,  Lytidj,  in  ruf  Lt^ 
I'MHCa^^pmi   and  |:k< 

-    1  ,U»ti  "- 


pressed  his  wi«heii  »o  to  hrin^  matten*  lo  beai> 

thalftlr.  L>nr'     tt"  -'  r     'Irr---     ♦:       ■    *hr    ^ole 

direction  in  ;<  ne 

r»f  ♦.' 'I-^^-  .;ilt| 

aii«:  :ic8 

of  ^La-    ,  —  ■.:    -.,-•-     \.:..^     .-,    ['.^.!'-^J    ■L-u:Lilia- 

i»ii>ner  ot  the  treafioi'y. 

These  }ter«onst  moat  immediate  I  \  intrusted  in 
his  mnjesty'a  service,  wtte  in  the  finit  pltoc« 
to  be  sci/ed,  iii  order  lo  fueilitale  lhedrsi|2riJ,  and 
to  tnake  tl  fuccerafuL  liy  this  mean^  the  etm* 
ii|iirAr<ir-*  were  to  iveakeii  iuu  maje>^tv*«  [K)iver 
of  ddending  himself,  Hhen  they  hatf  deprived 
iiim  of  his  g'eni'ra),  nho  was  lo  commaJid  and 
Ci»i  '  *»*niy  ;  of  his  two  secretaries,  who 

U(  iiiiin  and  carry  on  hiii  iDtelUgeiice  i 

ami  Mi  utt  litsi  cotun)i!^sioner  of  his  Ireasitryy 
who  wus  lo  take  care  for  his  supply. 

At  thi^  pNce  these  things  were  debated  and 
cofiMthred  beiwven  them:  Mr.  Lynch  tbea 
p  lut  I  Htnpiiijut^il  ot  the  lung  delsyf  nnd%vished 
;iff  air  mif^ht  lie  curried  on  with  more  ex- 
1  :  the  prisoner  thought  no  ttitie  so  iitti* 
jier  a»j  the  hreakiiiif  up  of  the  camp,  when  tWy 
rni;;ht  he  supplied  wtih  soldiers;  v«h  hcuaa 
willioir  to  heitr  any  proposal  troro  Sir.  f^yoch, 
Mud  dmred  Mn  ijynch^  thtit  if  he  could  think 
of  any  speedier  mcihodf  or  t>v*tter  sclifine,  lolet 
iiim  know  it :  hnt  the  wiltit^ss  was  not  capable 
to  propose  any  wny  nioie  proper^  than  what 
htid  been  a^reeit  upon  the  tool  of  the  plan,  as  il 
had  bt'en  explained  by  the  prtsooer  himtiellf 
and  therefore  IVIr.  Lyiteh  ivcfjuieiced  therein, 

(lentlenien,  at  that  time^  and  at  the  same 
l^ditcr,  the  overt  act  laid  in  the  iudicfmc nt,  of 
fjublishinjf  the  ti>*asonable  writin«;,  was  coio- 
loilted  ;  which  Han  a  dechi^ton  framed  in  the 
ha(uf\^ntiti|f  of  the  prijionery  to  b«  published 
luiraethately  on  the  first  breaking  out  of  the 
conspiracy,  to  excite  the  king*s>*nbjt«tsto  take 
up  arms,  and  to  rnter  into  a  rebelhon  agnififit 
hini;  and  that  it  mi|i;ht  have  an  inf!uenee  oil 
the  army,  where  their  Im>p«  were  ptaci*d«  it 
took  noUce,  that  thf*  kiu^s  getieral  was  sti£«d| 
and  in  their  custody. 

Iq  this  deciaratioii  particular  rewards  are 
promined  to  llie  horte  and  foot  iu  the  army  ; 
different  alio waDcea  •re  made ;  to  e%t'ry  horse- 
man and  Serjeant  three  f^uineaii ;  two  g-uineiui 
to  every  coriiorah  and  one  njuinea  to  rvcry 
comtttuo  m»kher :  all  had  promises  of  etiooti* 
tmjpMlillli^vour,  ami  future  reward. 

Geotlrmco.  nOcr  this  wa*«  reitd,  the  prifiOQer 
put  this  n  up  into  Win  jmcket  a^^n  ; 

and  ait>  <  he  acfpininted  the  witness) 

he  hiniseh  in»il#»  atx  ahcmtion  iherifia  ;  it  «mi- 
liunn^at  lir%i  a  ^fufrn\  inviifitsoti  to  a  revolt* 
hutwaanol<'  of  any  narli- 

cularperscm.  ^  thoiiifht  til 

aAerwardsio  alter  U,  (ua  he  iiitormed  L}rnch) 
iktvii  to  make  it  ill  the  aatue  of  the  t*reie»Kler, 
aL%  king. 

t.'r  riileroen,  thoujg'h  tb«r  twptt  audi  ^xftretm- 

were  fouodeil  On  eorru|!^ctg'  and  drbkucb- 

the  unny  ;   I  meali«in  ii  only,  as  it  was  their 

tinti  and  de«gti,  without   any  iitspuia- 

hoaoar  or  fidelity  of  the  ^ntkiiitii 


4 

4 


147]  9  GEORGE  I. 

of  the  army :  but  peraons  who  undertake  an  af- 
fair of  this  nature,  are  always  fbrward  to  ex- 
pect their  desigrns  will  he  auccenful. 

This,  (gentlemen,  which  I  have  mentioned  to 
you,  which  will  be  more  fully  and  particularly 
given  in  evidence  to  you,  ap^ainst  tlie  prisoner 
at  the  bar,  was  transacted  and  committed  in 
the  county  of  Essex. 

My  lord,  this  will  be  evidence  of  most  of  the 
overt  acts  alleged  in  the  indictment  in  the 
county  of  Essex;  but  we  sliall  confirm  this 
evidence  by  the  confession  of  the  prisoner, 
proved  by  two  witnesses,  in  whose  presence  he 
acknowledged  the  several  facta  which  will  be 
charged  upon  him  in  the  county  of  Essex,  by 
the  testimony  of  Mr.  Ljrnch ;  and  shall  make 
proof  of  other  overt  acts  m  the  county  of  Mkl- 
dlesex:  for  it  was  impossible  a  design  so  ex- 
tensive should  be  confined  to  one  or  two  parti- 
cular places  within  the  same  county:  their 
consultations  must  be  transferred  from  place  to 
place,  as  opportunity  offered,  and  as  they 
thought  most  conducive  to  the  purpose  they 
were  engageil  in. 

But  the  facts  I  have  mentioned  were  tran- 
sacted, gentlemen,  in  your  county.  After  the 
Jirisoner  and  Mr.  Lynch  had  settled  these  af- 
airs  at  the  Orren-Man,  they  went  to  the  boose 
of  my  lord  North  and  (jrey  at  Eppinff :  they 
■taid  there  all  night,  and  dined  there  the  next 
day  ;  the  witness  was  introduced  and  presented 
to  his  lordship  by  Layer,  and  was  civilly  re* 
ceived  and  entertained;  and  the  prisoner  at 
the  bar,  as  he  and  Lynch  returned  tiome,  ask- 
ed the  witness  how  he  liked  his  lordship,  and 
assured  Mr.  Lynch  for  his  encouragement, 
that  be  had  greatly  recommendeA  him  (the 
witness)  to  his  lordship. 

The  prisoner  and  Lynch  met  a  second  time 
at  the  Lord  North  and  Grey's  house,  where 
Lynch  declared  he  would  withdraw  himself, 
if  things  were  not  put  in  execntion ;  to  which 
Layer  replied,  they  would  be  sooner  put  in 
execution  than  Lynch  imagined. 

Gentlemen,  you  may  perceive,  by  this  evi 
deuce,  the  prisoner's  e'xplanation  or  the  whole 
acheme,  and  his  execution  of  it,  so  far  as  was 
in  his  power ;  though,  blessed  be  God,  these, 
or  any  farther  attempts  of  this  kind,  have  not 
hitlierto  prevailed. 

The  prisoner  proceeds  farther ;  and  the  next 
witness  who  will  be  produced  against  him,  is 
one  who  had  been  a  serieant  in  the  army, 
Matthew  Plonkett.  Plnnkett  had  been  for- 
Oierly  acquainted  with  the  prisoner,  and  doue 
him  a  piece  of  serrice ;  he  was  made  use  of  to 
fescue  some  eoods,  when  they  were  taken  in 
execution  at  Uie  house  where  Layer  lodged, 
which  was  the  beginning  of  their  acquaintance: 
this,  with  some  other  recommendations  from 
persons  engaged  in  this  design,  induced  the 
prisoner  at  the  bar  to  make  oficrs  to  bim,  as 
you  will  bear  from  the  witness. 

In  June  1722,  another  person  of  the  same 
name,  one  James  Plonkett,  was  directed  by 
Mr.  Laj^er  to  go  to  this  seijeant  Plunkett,  and 
dmn  him  to  meet  Layer  ftt  tha  Italian  eoAie- 


Trial  ofChridopher  Layer  ^ 


[148 


house  in  Rnssd-eonrt  The  witntas  eould  not 
at  that  time,  at  least  did  not  think  it  proper  to 
gfo  to  the  place  appointed ;  but  a  day  or  two 
after,  Mr.  Layer  meets  him  in  Lincoln's- inn- 
fields,  and  takes  him  aside  under  s  gate-way 
near  Torn-stile :  Layer  then  told  Plunkett,  he 
vrould  inform  him  of  a  matter  that  would  be  of 

Ciat  advantage  and  benefit  to  bim ;  thero 
yerlet  him  into  this  conspiracy,  and  en- 
gaged  the  witness  in  it,  not  only  by  aasaranea 
and  promise  of  reward,  but  by  actual  reward 
and  money  given  him  ;  and  to  induce  and  to 
encourage  Plunkett  the  more.  Layer  acquaint- 
ed him,  that  there  were  several  peraons  of 
great  estates,  who  were  resolved  to  rescue 
themselves  and  the  nation  from  the  calamilici 
and  slavery  tliat  they  then  endured;  and  that 
they  intencJed  to  bnng  about  a  revolution,  and 
restore  their  king  the  Pretender ;  Plunkett  ob- 
jected, that  the  Pretender  was  a  Papbt ;  bot 
the  prisoner  replied,  there  was  no  diflference 
between  a  Papist  and  a  Lutheran  king,  and 
therefore,  that  ought  to  make  no  impression 
upon  Plunkett,  to  hinder  him  in  joming  to 
bring  in  a  Papist. 

The  prisoner  enquired  of  Plonkett,  whether 
he  had  not  an  aconaintanoe  in  the  army  witli 
some  officers,  and  the  common  aoMiera ;  and 
then  engaged  Plunkett  to  levy  what  peraons  be 
could  into  their  service ;  and  when  tne  witnsi 
told  Layer  he  knew  twenty  or  thirty  serJMots 
in  the  army,  proper  persons  to  be  applied  to, 
the  priaoner  gave  Plnnkett  directions  to  nake 
apfihcation  to  them,  and  to  have  them  enroll- 
ed ;  and  at  that  meeting  the  prisoner  gave  the 
witness  money  for  his  encouragement ;  and  as 
they  had  several  other  meetings  after  thif,  to 
provide  and  levy  men,  the  direction  and  em- 
ployment given  oy  Layer  to  the  witness,  was, 
to  take  care  to  find  out  their  lodgings,  and  to 
make  lists  of  the  men,  of  their  names,  and 
places  of  abode,  that  they  might  be  ready  upon 
notice. 

The  prisoner  not  only  emptoyed  Plunkett  to 
procure  and  enrol  as  many  as  he  could  get, 
oot  gave  him  money  for  one  particular  person, 
one  ChiM,  who  had  served  m  the  army,  and 
who  waa  recommended  to  Laver  bv  Plunkett, 
as  a  person  that  had  been  diaobliged  by  having 
been  turned  out  of  the  service ;  Layer  himaclf 
gave  Plunkett  half  a  guinea,  for  to  give  to  this 
person,  to  engage  bim  in  thia  conspiracy, 
which  Plunkett  accordingly  paid  Child :  Layer 
likewise  ordered  money  at  other  timea  to  be 
given  to  Plunkett,  and  at  one  time  particniarly 
acquainted  him,  that  the  prisoner  had  left  a 
gumea  with  one  Jefieries  a  non-juring  parMn, 
to  fjive  to  him,  who  had  given  Plonkett  bat 
halt  a  guinea. 

The  prisoner  at  the  bar,  to  eoconnige  P1ud« 
kett,  acquainted  him  with  the  perMns  wbeiH 
Layer  expected  to  join  in  this  oonspincy ;  and . 
asked  the  witnesa  hb  opinkm  of  aeveval ;  the 
witness  will  tell  yon  the  nanaa  of  the  ponaaef 
and  what  answers  he  gave ;  pnctiealulyithaft 
Layer  asked  him  what  betboaghtor.tbiliiid 
North  and  Orej  for  aa.aao«.t».MaMW^ 


fof  Nigh  Treasan. 

%mAl    Thmm^kJUtm  tntwered,  though  h«  h»d 
Mrred  amler  himt  he  luoked  u(>oq  \m 

1  DMeliiifl^s  at  s<;veral  times^  nhea 

VMnl  bitii,  ih&i  thiii^  were  in  m 

f-f«rw«tti5«if,  though  It  wiij*  nut  yet  a 

!*•  i^iii  ilictr  «J(»ign  III  ex^^ulioti :  but  it 

\%eW.    thnt  it  could  iitit  miiCarry  ; 

.  tbc  r  'Mooud  wjts  lo  cume  waU  a 

Eiih.^<  antj  (iHfte^rv  ;    an«i  that  the 

■  Ibad   h«firt»  liifecovercd  to  the  French  aiii- 

%vUo   haii  (riven  iaidligeuoe  thereuf 

Mjesiy,  vr  d«e  the  atfair  h«<i  Uteea  done 

\  IHunkett  wft«  emp1(»ved,  fmm  time  to 

»  |X«(»*ce  hft«  of,  auu  to  collect  anil  eti* 

penoos  to  go  on  with  this  deiiigD ;  and 

ijp  tt  number  of  aetrjeanis,  about  35« 

(rom  the  ftrmy,  the  |>ri^>nt!r 

Plankett  to  go  imme«hately  tti  ihoti^ 

]  take  core  to  secMire  them. 

iraitorouB  cx-msults  aod 
were  in  July  and  August :  aod 
irill  acquaiot  you  more  j'ully  with 
I  ponicuiar«.  There  vraa  one  encou* 
{  f*hich  the  prisoner  guve  to  this  wit- 
wrn^  itiiicli  he  did  not  tuention  to  itie  other : 
Itftiilil  Flnsketi  there  would  be  an  army  of 
INiek  to  come  over  in  aid  of  his  majesty  \  but 
\  ahouUI  aee  a  Dumber  of  half- nay 
,  «if»ociftlly  tbofte  of  the  name  of  Fitz* 
m  ike  sjJe  of  hiii  king  (the  Pretender,) 
bH  llMir  CNMild  not  doubl  of  succeis. 
^mmmtm^  niKler  iheite  encourageunentsand 
,  aod  witia  these  rewards,  buth  these 
s»  tbe  two  witne«^ea»  were  engajjed  h^ 

^  lo  enter  into,  and  go  on  w  iih,  this 

tbf  prisoner  met  ihenn  a^»»rt  from 
rtatime;    they  concerted  and  carriod  on 
a  oa  they  thought  prDjj^r  to  exe- 
oie  tkis  dcaigii^  ufK>n  the  foot  of  the  plan, 
en  tueutiunedy  and  will  be  pro- 
I  lit  jon. 

w^  have  produced  the  ichetne,  and 

dmtuioed  these  two  wknestte^,  who 

I  flee  j«ii  ai  account  ot  the  pm^^rt'oa  which 

prWOtt'  tnade  in  thiji  treaaon  ;  we  bhull 

etw oilier  plain  and  erident  pruof,  whiih 

\  ieOMNMlnt*  the  Ireaaonable  itiUrnt  of  the 

r  •!  Ike  bar»  and  liit  ho^^es  of  (tuccc^. 
W«i  ekAll  profe  thai  tiie  prtaoner  had  been 
ti  Hamii,  aad  by  hia  own  cuofessiun,  that  he 
bi  eMO  Um  Pret«uder,  and  had  confcrenoea 

Mm^kuSk  proife  thai  the  priaoner  bad  blank 
pmmimmfj  notea,  or  receipts  \m  tnoney*  signed 
vili  ite  FrHetuier  a  «jwu  hand,  by  the  aaauioed 
lib  «f  Jamaa  Ilex,  founii  iimongit  Layer'a 
■lytn,  lakiicli  were  remittal  to  him  from 
MM^aml  which  he  has  1   were 

telurer  lo  liim,  for  mitiM  carry 

•ilbecAiaea  irf  the  Fr<:tciiiH  i  i  uis  is  ci  sti-iMi*^ 
mkhmat  <lC  Uhi  tnui  mnA  crctht  reposed  in  liioi 
la  dsoalt^  **"''  ^-'^^piracy;  ihai  the  prntoucr 
bap(r%et4  ^uated;  thf«  rcct^iptx  Kre  m 

Uiw^  saMl  ^'^  ,  :i»oner  bod  power  to  raii^e 
Mmtf  9m  liianif  Mid  lo  MX  \k^m  up  wttb 


A.  a  1722.  [130 

aueh  tnma,  as  he  thought  proper  and  necei- 

sary. 

Genilemenf  on  I  he  examination  of  oar  wtt* 
neasea  it  will  appear  Uiat  >1r.  Layer  declariHl 
be  hid  ex|iended  i^reiit  aurnsi  of  money  in  thia 
affair^  and  that  he  has  made  it  an  e.^cuaie,  »  by 
he  hitd  tkvl  money  to  iupply  some  demaiutay 
because  he  hud  disbursed  tio  luucli. 

This  therefore  was  lo  be  his  fijll  power  to 
raiue  money  toward*  bringing  the  Pretender  to 
the  throne. 

Besidea  these  receipts,  he  had  furnished  hinw 
self  with  lists  of  the  othcers  of  the  i^rmy,  io 
order  t>>  know  the  nit  nation  and  condition  of  the 
arnty,and  to  coivsider  what  adraiUa^e  he  could 
make  by  any  of  those  in  the  tUt^  :  he  had  pro- 
vided bunserf  with  lists  of  the  otficers  cd  ittd 
Tower,  which  we  apprehend  was  to  render  the 
design  of  sei2ing  the  Tower,  wlten  their  fnenti 
the  ofBcer  was  on  the  guards  more  probable  and 
hopeful. 

Besides  this,  we  ha?e  letters  which  will  be 
produced,  that  pa&aed  bet w oca  sir  VVilliain 
Ellia,  an  adherent  of  the  Pretender^^  at  Rotne« 
and  Mr.  Layer,  by  the  name  of  Fountaioe,  (a 
name  he  went  by)  encouraging  him  to  go  on 
with  this  design  :  we  ha^e  the  cypher,  anti  the 
explanation  of  the  cant  words  uaed  in  those 
letters.  In  one  letter  £ili^  says,  the  best  me- 
thod of  carrying  on  tl*e  manufactory  (which  ia 
the  insurrection)  is  to  get  gooi]  workmcu,  (by 
which  is  meant  sohiiers)  and  particularly  to 
gain  some  of  the  ablest  of  Mrs.  Barbara  .Smith's, 
(by  Mrs.  Barbara  Hmith  is  signified  the  army) 
and  this  wouhl  be  very  agreeable  to  all  con* 
cerned,  particularly  to  Mr.  Atkins  (which  by 
their  cypher  or  key  is  a  nanie  for  the  Pre* 
teudett) 

And  in  another  letter  there  is  particular  men- 
tion of  Mr.  Layer's  iuteiided  general; )  on  will  tind 
in  the  letter  an  explanation  of  him«  tims  ;  that 
he,  who  tlip  prisoner  in  his  letter  called  Siiiioo8» 
and  described  asa  teuanli  though  his  name  was 
not  then  found  in  the  rental,  this  writer  b*?- 
tievcd  he  should  be  called  Simme$,and  say^  he 
is  of  the  Norti),  a  grey *h aired  ancient  uiaa,  for 
whom  his  frieud  has  a  particular  esteem  and 
value,  as  a  very  good  tenant.  This  is  the  de- 
scription, and  this  is  the  cant  that  pass«d  be« 
tweenthem;  the  eKplauation  you  will  ii|»pre- 
hcnd,  by  the  cyphers  that  were  found  amungsi 
the  nrtsooer's  paperi>. 

Mr.  Layer  was  not  wanting  in  oilier  prepa* 
rations  for  this  attempt;  for  he  had  jtrovided 
arms  in  his  own  house,  more  than  he  could 
have  occasion  for,  as  a  private  subjtxa;  he  had 
several  mnskets  and  other  fire-arinn;  he  had 
forty  or  filly  cartridges,  hHuled  with  bullets^ 
ready  made  up  far  m  manv  discharges,  which 
might  be  delivered  out  to  the  ^reoplc  who  should 
come  in  to  them :  it  he  hud  any  use  for  KUcb  a 
ijuantity  he  will  «hew  upon  whatocciu«jtm. 

The  discovery  of  \\\v  tacts  made  hy  the  wit- 
oeasos  occ^asioned  the  apprvheudiiig  Mr.  liay«r, 
in  whose  house  these  arma  wera  likewuMi 
seixed. 

Mr.  Layer  tf  as  to  coosdous  of  his  owo  guUU 


I 
I 


4 

I 

ii 

i 


151] 


9  GEORGE  I. 


Ttial  ofChrutopher  Layer, 


[152 


that  aAer  lie  was  apprehended,  he  made  his 
<>8cape  out  of  the  custofly  of  the  Diessenger  io 
whose  house  he  was  placed  ;  he  offered  a  great 
reward  to  watermen  to  carry  him  off:  this  is  a 
demonstration  of  his  guilt,  Irom  the  con?iction 
of  bis  own  conscience. 

Gentlemen,  there  are  some  other  matters 
and  papers  which  it  will  be  proper  to  offer  to 
your  consideration ;  and  most  of  these  parti- 
cular facts,  which  I  have  mentioned,  or  the 
most  material  of  them,  have  been  confirmed  by 
Mr,  Laser's  own  confession  which  he  iiiaile 
upon  his  examination  before  the  lords  of  the 
privy  council.  And  when  we  have  hiiil  before 
3foo'this  evidence,  as  according  to  my  instruc- 
tions we  shall  very  fully,  I  do  not  doubt  but 
that  yoo  will  do  your  duty  as  liouest  men. 

Yfe  do  not  apply  to  your  zeal,  as  yon  are 
Protestants  and  Lnglisbmen  ;  but  upon  the 
weight  of  the  evidence,  we  shall  appeal  to  yonr 
justice,  to  your  oaths,  and  to  your  consciences, 
whether  u|m>ii  tlie  whole  pnx'if  tii  be  laid  before 
yoQ,  ]^ou  will  not  remain  fully  satisfied,  that 
the  prisoner  at  the  bar  is  Guilty  of  the  high- 
treason  whereof  he  stands  indicted,  and  then 
that  you  do  find  him  so. 

Att,  Gen,  May  it  please  your  lordship,  and 
you  gentlemen  of  the  jury,  I  am  counsel  on  the 
same  side  for  his  majesty  against  the  prisoner 
■t  the  bar,  who  s^nds  radicted  for  high-treason, 
in  compassing  and  imagining  the  death  of  the 
king.  The  preservation  of  Uic  life  of  the  king 
is  of  that  great  importance  to  the  safety  and 
|yro8perity  of  his  subjects,  that  even  imagina- 
tions and  intentions  (which  are  but  aou  of  tiie 
heart)  to  take  it  away,  manifested  by  overt-acts, 
are  an  offence  of  the  highest  nature  which  the 
law  takes  notice  of;  but  as  imaginations  and 
intentions  of  men  are  secret,  and  cannot  be  dis- 
covered but  by  their  actions,  there  inuift  be 
proof  of  some  fact  done  in  order  to  carry  such 
intentions  into  execution,  to  make  the  offenders 
ffuilty  of  treason :  therefore  in  this  indictment 
five  several  overt- acts  are  laid ;  the  first  is,  that 
the  prisoner  at  the  bar  proposed,  consulted  and 
agrrad  with  divers  persons  unknown  to  the 
grand  jury,  to  raise  an  insurrection  and  rebel- 
lion within  this  kingdom  against  his  majesty  ; 
the  second,  that  he  published  a  traitorous  writ- 
ing, purportinijr  an  exhortation,  encouragement 
and  promise  ot  rewards,  to  persuade  his  roajes  • 
t^'s  faithful  sulijects  to  take  nn  arras  against 
faim ;  the  thinl,  that  he  pmu«ise(i,  consulte<l  and 
agreed  to  set  the  Pretender  on  the  throne  by 
armed  force;  the  fourth,  that  he  listed  men  to 
levy  war  against  the  king  ;  and  the  fifth,  that 
he  proposed,  consul  led  and  n;rrfed  t<»  seize  and 
imprison  his  majesty '»  sarred  |>fTM)n. 

Gentlemen  ot  the  jury,  y«ii  ivill  readily 
agrte  with  me  thnt  nothiiig  can  he  inoredreail- 
ful  to  a  true  Hritfin  m  ho  hath  anv  regard  to 
hiinsc;l''or  his  posterity,  or  love  to  Lis  country, 
than  the  fa*al  conMei|Uenc«^  that  must  have 
inevitahly  aitendeil  such  wicked  designsy  had 
they  been  carried  intp  executioa  with  sooOMix 
aupposearebeliioa  bsdheio  «iiy  ttlirt,  t>Hit. 


could  any  man  have  expected  from  a  rebdlioa 
in  the  heart  of  the  kingdom,  but  plaodcr  aoi 
rapine  and  murder,  a  total  suspeoBMi  of  all  civ3 
n^h%  and  as  long  as  the  storm  bad  oontinaed, 
a  just  but  terrible  apprebensions  of  aooielluBlf 
vet  worse  to  come :  This  would  certainly  have 
been  the  case,  though  the  attempt  shoubl  hara 
been  disappointed  at  last.  But  bad  k  beea  a^ 
tended  with  success,  had  his  UMJesty's  sMni 
person  been  seized  and  ioiprisoiied,  and  hai 
the  Pretender  been  placed  on  the  throne,  whit 
a  scene  of  misery  had  opened !  A  mild  adan^ 
nistration,  goveroe«l  by  the  law  of  tbe^  lasHl 
under  an  excellent  prince,  and  as  just  aad  loar* 
ciful  as  ever  wore  the  crown,  must  have  given 
way  to  arbitrary  power ;  all  vour  estaln  aoi 
properties  must  liave  been  at  the  will  of  a  pro- 
voked  and  exasperated  usurper;  liberty  ranst 
have  given  way  to  slavery,  and  the  best  of  re- 
ligions to  popish  idolatry  and  superstitiott ;  aad 
this,  humanly  speaking,  without  any  prospect 
or  hopes  of  relief:  Nor  would  lliese  dresilful 
calamities  have  been  confined  withinihe boundi 
of  the  king's  doiuinious,  for  should  the  preaeot 
happy  estaidishnient  in  his  mnjesty  and  his 
royal  family  (the  chief  bulwark  and  support  of 
the  Protestant  inUrest)  be  destroyed,  the  Fn* 
tetktant  religion  in  general  must  be  redooed  to 
the  lowest  ebb,  if  not  totallv  extinguishod. 

This  is  the  nature  of  the  crime,  and  Ibaso 
some  of  the  fstal  consequences  that  most  havo 
ensued,  if  the  de^sigus  charged  upon  tho  pii- 
soner  by  the  indictment  had  took  eflect.  Ml 
whether  he  is  guilty  of  this  great  uffs 
is  what  you,  gentlemen  of  the  jury,  i 
to  try. 

My  lord,  it  is  my  part  to  open  the  oatoiw  of 
the  evidence  that  we  shall  produce  to  provo  the 
several  overt- acts  laid  in  the  indictment ;  and 
in  stating  it  to  your  lordship  and  tho  jury,  I 
shall  follow  the  course  of  time  in  which  the 
facts  were  done,  that  the  case  may  be  more 
easily  apprehended,  and  shall  opni  notlitrilg  bol 
what  1  believe  will  be  clearly  verifietl  by  proof* 

I'his  prisoner  at  the  bar,  though  brou|(iit  up 
to  the  profession  of  the  law,  and  a  pracCiser  is 
it,  went  beyond  sea  in  the  vear  1790,  aod  at 
tlie  close  of  that  year,  acconliiig  to  our  stile,  or 
the  beginning  of  tho  yesr  1731,  arrived  at 
Rome,  H here  the  Pretender  then  was;  while 
the  prisoner  was  there,  he  piocured  himself  to 
Im*  iotro<luceil  to  the  Pretender,  and  had  two  pri* 
« ate  conferences  wiiii  him,  in  which  (but  by- 
what  niftliods  or  representation  is  best  knowe 
to  hiinseif){tis  plain  he  ohtained  the  Pretender's 
gomi  opinion  so  far,  that  he  thought  him  a  fit 
l»ersoii  in  whom  a  confidence  for  carrying  oa 
any  designs  sgainst  his  majesty,  and  for  setting 
himself  on  the  throne,  might  be  safely  ra* 
\wieA :  For  this  purpose  a  correspondeDOO  %raa 
then  settled  between  the  prisoner  and  sone: 
persons  of  distinction  about  the  Preteeder,  and 
a  cypher  of  names,  of  persons  aod  tbingi  wa» 
agreed  on,  in  order  to  carry  this  eorrcipondenea- 
on.  The  prisoner  retnned  to  Englandabeni- 
Jnlj  mif  liter  whiih  ha  wril  leilHi  la  M 


oat  irtm  thecic«,  wbcretiy  it « 


t  will  ftppear,  tbftt 
eoQsidcrable  piiit 
eftfT^rtiT^  on  to  bring  the 
p9l0mdm  m;  mmI  ftllbuunb  lU^^e  letters  are  in 
i^amaod  cant  lertnA,  mod  iictitiouii  names, 
^  If  Ikv  iMlp  of  ibe  c)^|iber,  and  from  ttie 
wamm  id  iIms  toUtw  UimMlires,  it  irill  easily 
underKtandiof^  for  ivbat 
writ :  Ttitfl  cypber  and 
|ifii9e  to  biife  bt*en  found 
Vte  tMfiertf  wbicb  were  mmteil 
tutmnimi,  and  your  lordsbip 
[Tilf  lit  jmy  wiit  tee,  nbeu  they  come  to  be 
Mattel  poiwiibfttiftoding  the  obscure  terms, 
1^  i»  aiysterioiti  expraMiou*  inaerted  to 
teife  ite  eye  of  the  remleri  whev  cooi  pared 
•^  ^kmryyhtr  tbey  will  be  •oiuteUij^ble,  that 
^tj  wdi  ht  m.  |>Him  (%f  ideate  that  a  design  was 
oo  of  raising  a  ^nerai  rebeliiofi  in 
^  Uie  Prelender  $  for  which  purfioaes  a 
iflffwaa  prepared,  which  we  shall 


^  liAre  YOar  lordaliip  and  I  lie  fifentlomen  of 
4fcr|0fy,  ifiai  WIS  likewtte  found  aoioog  the 
fOMer**  fiapOT ;  we  shall  prove  it  to  be  writ 
^bb^ewo  hand, 

llr.8v>}«uil  Peo^lv  openrd  the  nitureof 
^•^ia«  very  folly,  I  flball  not  trooble  your 
MiMfia  Willi  a  rcf petition  of  ^vbat  be  sard  ^ 
I  AtfOCDC*  to  be  read  it  wdl  appear  to  be 


olMlitei  §^  m  |[%neral  rhtm^,  it  will  prove  a 
ipsel  liawgw  to  aeise  the  Tower »  to  seize 
fummB  iw  (teait  itatioQa^  to  seize  the  Bank,  and 
tt^  at  ImA  Io  aetZ47  the  person  Qi  the  king^ 
fo  setae  his  royal  highnesf  the 
rof  Wales.  Thi%  we  apprebeud,  will  W 
f  mimcG  of  the  oxert-ocUi  laid  in  (he 
,  wmI  WfU  confirm  the  testimonies  of 

\  m\Uth  we  shall  prod  ore, 
if*  two  witnesses  we  »ball  call  to 
m  aeerl  act*  laid  in  the  indictmeni, 
^tf  kmwm  already  bcc-o  mentioned  to  your 
lbHki|»|  Mr.  Mil  fiiir-n  T.vni  h,  and  tcrjeant 
**    '     '^  Plimt'  1 1  will  prove  the 

hctment  to  have 
aieil  on«*r  in  the  county 

tslier*  unent  was  fuuod  ;  as 

» ttf  ihe  »tiu»e  iijiliire  committed 
i  m  the  comity  of  Mtdille«frx>     Hut  as  it 
tio  fall  dircvtly  upou  tbe  proof  of 
witboul  liriit  pniving'  fuime  other 
iMto^  w«y  i»f  iutn.^i  ',nw  the  or- 

tMMHprbHween  M  :epnioner 

■  lilif  beffaa,  and  hi'v  wry  came  ti>  be  so 
»  Loriit4!'r  trilo  a  lieKitrn  of  thii  nature, 
Will  giva  your  lord>»)iip«  »ml  (be 
ai  i  that  there  had  lieeu  anjUHint' 
tliis  Ml.  Lynch  ai^d  one   Dr, 
Nbrf^sf  siflK  or  nine  years  ago ;  that  they 
r*'lK-llion  which   was 
'<i  rei^n;  aher 
r  youo  sea,  and 
'  d  in  Eng- 
uince  con^ 
"c  nut  altered; 
,  liey,   Dr.  Mur- 
ttr^n  iTiftiiMMird  U>  your  lord- 
fiUOO  in  tlitt  outirt  iind  is  not 


now  to  bf  fontid,  btit  bad  a  great  acquainianee 
with  the  prisoner  at  tbe  bar)  told  liim  be  bad 
sometbing^  advanta^ous  to  commumcate  tt» 
hi m,  and  ap|>uinted  a  meeting  next  morning  at  a 
coflce-honselu  ( '(jrabiil,  where  ibey  accord  m^ly 
raet ;  and  Murpbey  then  advised  Kim  not  to  go 
out  of  Englarto,  because  be  had  an  opportunity 
of  making  his  fortune,  tellings  him  there  wt»UHl 
he  a  general  rijiinff  in  favour  uf  the  Pretender 
(whom  be  called  king)  aiul  that  it  wjts  carried 
oo  bv  gentlemen  of  note  and  credit ;  and  if  h^ 
wonid  accept  of  the  KervicCf  he  would  rp^oiii* 
mend  him  to  one  greaily  concerned  in  that  af- 
&ir ;  Mr.  Lynch,  after  cousideraliouf  agreed  to 
stay. — ^At\er  several  other  meetings  belweeii 
this  Dr.  Mur|)hey  and  Mr.  Lynch »  at  which 
tlieir  discourse  generally  turned  upon  this  in- 
tended rising:  about  the  bf  ginning'  of  June, 
Dr,  Mnrpbey  tntrodaced  Wr.  Lynch  to  tlie 
prtaoner,  as  a  person  tit  to  be  entrusted  in  the 
mtended  enterprise;  they  went  to  the  Grtfiii} 
tavern  in  Holbom ;  !VTr.  Layer  there  expressed 
tbe  good  opinion  he  had  of  Mr,  Lynch  upon 
the  character  he  had  received  of  him  from  so 
good  a  friend  as  this  Dr.  Rlurnhey.  They  soon 
entered  u|»on  bu!»iiies5^  and  ttic  prisoner,  after 
having  made  a  ri^ presentation  of  the  uueasiness 
of  tbe  nation  in  genend,  and  of  the  tair  op- 
portunity there  was  to  bring  about  a  revolution^ 
proposed  to  f^Ir.  L^iich  to  setxe  some  general ; 
to  which  tbe  witness  agreed.  After  this  they 
had  several  other  meetings^  at  which  the  din* 
course  turneil  upon  the  same  subject  of  a  ge- 
neral rising  in  order  to  set  the  Pretender  on  the 
throne,  and  at  one  of  them  the  piisonvr  de- 
clared he  intended  Lynch  should  %e}ze  the  earl 
of  CJadogan,  and  that  the  scheuie  was  laid  on  a 
souikJ  foundation,  having  a  ^reat  nisiu  at  tbe 
head  of  aflair8,  who  ^^  anted  neither  wit,  couiuge 
nor  rebohition,  ai»d  he  would  be  backed  by  his 
friends.  Several  other  proposrtionfei  were  made 
by  the  prisoner  tending  to  the  same  end  ;  to  all 
which  Mr.  Lynch  a»^r«'ed,  and  ihey  con>»ulteii 
how  ihtry  mi^ht  put  those  thmgis  in  executiou. 
Id  July  last,  Mr.  Layer  went  into  the  country 
tbr  fnurteeu  or  fiftern  dayfi,  and  alWr  his  return 
in  the  beginning  o»  AogUMt,  in  pursuance  of 
what  the^  had  ctinc«rrl^il|  [VI r.  L\ncb  and  he 
went  to  View  the  earl  uf  Cadogan*s  house,  to  scflt 
hnw  practicable  that  design  of  seizitig  him  at 
\ns  hou&ti  was.  Mr.  Lyneli  thought  it  feasi- 
ble ;  but  he  grew  uneasy  at  delays,  anil  fre- 
fjiiently  told  the  prisoner  thai  hi^  circumstances 
would  not  permit  liiin  to  rnntioue    here  at  bia 

own  ex|»f^ :  ''    t  retort*  to  eitcourage  him  to 

i»ia\,  ftik'l  tn  the  design,  Mr,  Layer 

gnvehiiii.^ iimsof  money. 

My  lord,  upon  the  '24th  (d*  August  last,  tbo 
prisoner  and  Mr.  L^  nch  iigreetl  to  rideou>  the 
next  day  to  tsike  the  atr  t  on  thi*  25th »  accord- 
ing to  appointment,  (which  hringH  u^  no%v  to 
the  overt- acts  in  the  county  of  K<sex)  they 
rid  out  together  ;  the  prisoner  thought  it  proper 
to  ride  with  armn,  allegiug  that  he  had  things 
about  hill)  he  ^«outd  not  lose  for  any  thing  m 
the  worliL  Upon  the  road  he  told  Mr.  Lynch 
they   would    go  to    lord  North   and  Grey's^ 


I 


155]  9  GEORGE  L 

with  whom  the  prisoner  bad  the  hoaour  to  be 
well  acqimintecl,  ami  be  woiilil  present  Mr. 
I'yncfa  to  my  lortl  as  bis  itarticular  acquaint- 
Alice.  1 1  hAppened  to  l>e  toti  lata  to  get  to  lord 
North  and  Grey^s  b^'  d inner,  whereupon  they 
put  in  at  the  Green^AJan  near  Epping  forest, 
whichi  genttemtnt  Uat  La^^  too*  St  one  in  your 
county.  Dinner  not  bein^  ready  at  their  com  - 
iug;  thttbrr^  the^'  entered  into  conversation  on 
the  former  topics,  and  Mr.  Lynch  di^iriu)^ 
to  give  bim  &ome  in^sifirht  into  the  scheme 
that  was  formed,  the  whole  subjeci  matter  of 
Ihejr  former  c(insu1lation«  and  discourses  were 
repeated  about  seizing  lord  CaiJog^u,  seizini^ 
the  minister*  of  atate,  of  g'eitJnf^  part  u^  the 
army  to  declare  for  them,  and  for  seizing  the 
Itiug's  person  ;  and  tbeae  thiniy^  were  then 
agreed  to  by  them.  At  this  place  it  was,  tbst 
the  prisoner  pullet)  out  of  bis  pocket,  and 
abewed  lo  Mr,  Lynch  the  traitorous  writing 
laid  in  the  indictment,  >thicb  was  a  declara>' 
lion  to  encourage  a  general  ritiinof,  writ,  as  the 
witness  lielieres,  ia  the  prisoner's  ovru  band ; 
ttod  that  part  wliicb  contained  the  pronusea  of 
rewards  lo  be  given  to  the  soldiers  and  other 
persons  to  encourage  Ibem  to  come  into  tbeir 
deiigns,  was  readby  tbc  witness;  after  whicli 
Mr.  Layer  took  bis  paper  awny,  and  put  it  up 
10  ht«  pocket  again*  My  lord,  wben  they  had 
dinedf  they  went  on  to  lord  North  and  Grey's 
bouse  (whom  your  lordsbip  will  bear  men- 
tioned by  the  evidence  as  tne  person  thought 
on  to  be  general  in  this  undertaking)  ;  they 
staid  there  that  mj^hl^  and  dined  there  next 
day,  and  afterwards  they  had  a  second  meetiog 
at  lord  North  and  Greyed.  Your  lordiibip  and 
the  jury  wiil  be  pleased  lo  observe,  that  this 
evidence  will  be  a  full  and  positive  proof  by 
t\uH  witness,  that  the  overt- acts  by  pubbsbiug 
ibis  traitonms  writing,  encouraging  persons 
to  lake  up  arms  against  bis  majesty,  of  ibe 
consultations  and  at^reeiDent  to  levy  war,  lo 
•ei  tbe  Pretender  ou  the  throne,  and  to  seize 
liis  neiajesty's  person,  were  done  at  the  Green- 
MtDp  in  the  county  of  Essex :  and  this  will 
likewise  be  an  evidence,  that  all  the  overt* acts 
laid  in  the  indictment  (except  publishing  tbe 
traitorous  vtritiag)  were  done  in  the  county  of 
Middlesex. 

(Hy  lord,  tbe  next  witneKs  we  shall  produce 
is  Matthew  Plunkett,  formt'rly  a  seijeant  in 
»ome  regiment;  be  had  been  formerly  ac- 
qnainteil  with,  and  bad  l»een  serviceable  (otbe 
prisoner,  and  was  very  well  acquainted  wiib 
one  Jarnes  Plunkett,  which  James  Plunkett 
was  a  great  acouaintance  of  tbe  prisoner's. 
This  James  Plun Kelt  desired  tbe  witness,  Mat- 
thew Pbmkelt,  to  meet  tbe  prisoner  in  July 
last  at  tbe  Italian  cotfee- house  in  Unssel-court, 
which  tbe  witness  could  not  comply  with  ;  but 
the  witness  met  the  prisoner  tbe  Sunday  fol* 
lowing  in  Ltncoln^s-mn- fields;  they  were  to- 
gether near  an  hour,  lh«  prisoner  gave  bim 
an  account  ol*  the  intended  general  rising,  and 
asked  Ibe  witness  if  be  knew  any  otd  serj crania 
m  soldier !j  who  can  discipline  a  mob,  agreed 
with  lum  to  procure  ^udi^  meuLioufid  to  him 


Trial  ofGhmi&phw  Lot/er^  [  1 50 

several  persons  fit  to  Lie  al  tbc  bead  of  ibbi 
eolerprize ;  and  in  ord*'r  to  make  bim  ditig<*ai, 
be  gave  bim  at  that  time  half  a  crown  :  iia«| 
money  was  not  only  given  bim  at  that  time, 
but  a  promise  was  made  io  him  of  lurtbor  re* 
ivards.  The  prisoner  having  ocCDHiim  ti*  ^o 
in  the  country,  one  Jiffi eys»  a  no«iiini*|£  vimr* 
gyuian,  was  sent  to  Matthew  i'ltinkt-tt  by 
Layer  (and  ibis  fact  tbai  I  am  going  to  op«;« 
must  not  be  iMirely  coiisidered  as  an  a^H  tie« 
tweeu  Jeffreys  and  Plunkett,  but  it  wiU  b« 
brought  directly  home  to  tbe  aut  of  Layer 
bimseill)  Jeffreys  lold  Plttnkelt  hi»  cam« 
from  tbe  prisoner,  and  that  be  was  eoipJoye^ 
by  him  to  go  to  such  as  the  wittiess  vmIl,  wb^ 
were  old  seijeanis,  to  get  a  ntiinber  of  ikeoi  In* 
getber  to  dbctpUoe  the  mob,  in  order  to  tbe  ge» 
neral  rising:  the  next  day  they  met  again, 
and  hail  (he  bke  discourse,  and  Jefii'eys  gait 
Matthew  Plunkett  half  a  guinea;  and  what 
brings  tliis  borne  to  the  prisoner,  is,  Uiat  btti 
told  Plunkett  he  had  left  a  guinea  with  I  ha 
nonjuring  parson  to  give  him,  and  talkeil  witli 
him  on  the  same  subject  that  Jetfreys  had  dia« 
coursed  tbe  witness  bdbrfl.  But  iu  tact  Jcf* 
freys  dtd  not  give  Plunkett  the  guinea,  bec^ve 
him  but  half  a  guinea. 

My  lord,  atler  Mr*  Layer  went  out  of  towti,< 
Pliinkpit  gave  bim  an  account  what  progrcas 
he  had  made  in  theatfair.  Plunkett  told  hi«ii 
that  be  bad  got  several  old  soldiers  that  woulil 
bear  a  part  in  this  business :  the  prisoner  atid 
he  must  take  care  lo  keep  a  list  of  ibeir  nam«t»4 
and  tbe  places  where  they  bved,  that  the/ 
might  be  in  a  readiness  when  they  fihoulil 
have  occasion  for  them.  And  on  KJunday  Ixffort 
tlie  prisoner  was  lakeii  up,  be  told  lUJi 
Plunfceit  that  a  great  many  of  bis  countrymiatL 
were  turned  out  of  the  guards,  and  aj»ked  him, 
if  he  knew  where  tbey  lo^lp^ed ;  and  upon  ih^i 
witnesit'ti  answer  ihal  be  ditl  not,  the  prisoner 
directed  bim  to  take  a  list  of  their  namen,  and 
places  where  tbey  lodged,  that  he  might  hate 
them  when  occasion  required,  8o  lliut  iim 
is  Mr  Lynch  a  p4>sitive  witness  as  to  tbe  ov«f«* 
acts  iu  Essex;  Mr.  Lynch  and  Mr.  Pbiu[ 
(losilive  as  to  the  overt- sets  in  Middlesex^ 
tbeir  testimony  confirmed  by  the  scf 
under  tbe  prisoner's    own    hand,    and 

iiapers,  which  we  shall  produce,  found  ai 
lis  papers  wbi^^b  will  leave  no  room  to 
of  the  truth  of  their  evidence*  Besides,  ray 
lord,  tbe  prisoner  boing  seized  in  Heptembef 
last,  we  shall  give  an  account  when  he  waa  itt 
custody  of  a  messenger,  locked  up  in  a  rooia 
two  pair  of  stairs  bit^^b,  be  made  a  shift  to  niika 
bis  escape,  got  to  the  water- side»  and  goi  m 
scuUer  to  carry  htcD  over  the  river  ;  he  aolii* 
ally  got  over  tbe  river,  but  be  was  relaktia 
again  in  8t.  George' ■> fields,  and  brought  back 
to  tbe  messenger,  and  offereil  very  considerable 
sums  to  tbe  persons  who  retook  hiro  to  let  hinr 
go.  I  believe  it  is  hardly  to  be  imagined,  a 
person  perfectly  innocent  would  venture  lo  uei 
out  of  a  room  two  story  bi^h,  and  in  the 
manner  he  did,  and  offer  to  give  such  a  retrard' 
la  the  persgu9  whg  retook  litm  to  ki  bun  g«i 


rOv«f«. 

Inukii^ 

M 

kdoaBn 


«fvb» 


fm  High  Trcmm, 

b^eomeSoas  to  liimacirthat  he 
T^iit  ilAHifpr.  There  were  like- 
in  bis  hfiuiic  arms  more  tliau  n^< 
fbr  bis  iiB€,  mod  which  he  has  con- 
MPTO  lo   lie  uted  d'  thero  had  been  a 


iljicfrf,  to  ccirrotiorftre  the  IcgUmony  of  tlie 
•ita««s,  we  »!i-"  '-^  hefore  yaur  lunUhip 
■ii  ill*  ffratlcv  hf*  j'^^'y*  *''^   fie?eral 

S«4ieli  Wk,^  .  ,;i,;.3,  I  mAv  s»y,  i»  Mr, 
i«Mciclv;  I   lion't  stiy  tfiey  were  ac* 
Ako  »fi  Itiri  <  u'UmIv.  ImiI  it  will  come  to 
ll*««»ili  livtTctl  them  in 

iM^nl'  I    '  wiiiiesfl*  whom 

•9  tAflil  ^rtMiiicet  with  ittrcetions  that  she 
ibM4  rnkm  |wrlieiikr  care  u1  tfiem  ;  and  they 
^tmmkm^  to  li€r  eii«tody  not  lon^  after  the 
favw  Wfltft  cofticnilted  to  the  eu^torly  oi'  a 
#b«  WW  drcry  one  of  them  inarkcsii 
itttio  dei'/cd  them,  and  marked 
41' :  ilierr'  une  not  noly  the  scheme 
iatli»cjpben  And  letters  mentioned  before, 
pfomi««iry  notes  subscribed  by 
thene  prominsory  notes  run, 
mmleA^  to  have  received  from 
tbe  nm  of  irljjch  sum 

(o  r«|»ay  with  an  interest  for  it  at 
I  of  fierann*        James  il/ 

^y  10911  imtf^ftef  if  there  was  nothinir 
e^plftin  tbem»  that  these  notes  were 
IT  iiO<li(f)^?  Every  body  roust  believe 
ry  wiPwr  ttit4*nderl  to  be  made  use  of  to 
jtiiy  4o  tl»«  coiit|itr«kry  ;  hut  we  tth  all  shew, 
r-t  own  coiife«siioD,  ihnt  they 
'  to  him  by  sir  Williiim  HUii,  in 
lie  iiMiie  use  of  as  occasion  s lion  Id 
,  40  l»f«ilWili^  these  designs  tn  i'avour  of  the 
AfiKMig  these  papers  several  lists 
^mf-^shMmd  whidi  will  be  |ire>iluceiK  some  of 
aiMdi  amfeain  th^  tttiinber  of  the  othcers  anil 
#<betfctifr<  in  the  ^anlk^  some  the  names 
^srtiiff  •iSccrx  and  soldiera^  and  son^e  the 
iHifaKr  fif  ttic  officsem  belonfpng  to  lii«  Tower, 
b»«l  Iw  untoedi  that  in  tome  of  those  lists, 
A«v  mn  iki*  nainfii  of  seferal  fiersona  of  as 
r,  loyaHy,  aod  fidelity  to  bis  ma- 
ft  aa  any  anl^^ecta  his  maj^ty  hath  ;  yet 
itiaae  lists  could  be  for  itothmg' 
t  an  infoniiattori  tif  th*'  iinml)cr  imd 
•  iif  the  pimrins  in  bi^  mujesty'ii  ser- 
iiM  atmgih  of  his  itiajssty^a  l 
miffht  be  (ziveti  and 
'T-'  tind  that  ihrre 
AH  iheif  coidd 
"i«<»  the  Pre- 
'f  pot  any 
-  tlieaie  li^ia 
Hj.  hr  Will  have  an  op|mrtunity  to 
'  tlimjT*  ^'*''"^'^  provj-d,  I  appi'ehend 
'  prisoner 
'  ittU  It.'  cliari^i'd 

Jiia  ttiidiiameiil ,  but  U^kiiile^  all  tfiis, 
ne  Ilia  l90Bf«sati>n  by  two  witnefiRes, 
tkm%  on4lfr*«»inl   i  virv  ovi  r» 
,  the  BC-voml  Ir^ins^K  i: 
"      '    '     nili  i^ve  ftCK^oiiiii  oi, 
I  I  bite  matitioticd 


m  fintwri! 


A.  D.  17'i^  [168 

/  before.  I  shall  conolude  ^ilh  tbts^  fi^nUemeii 
of  the  jury*  that  H*  we  make  out  these  facia 
as  they  have  been  opened,  and  according  to 
my  instructions,  1  have  no  reason  to  mske  tlie 
least  question  of  it,  il  must  l>e  left  to  your  con- 
sideration whether  the  prisoner  at  the  bar  is 
Sfuilty  of  the  offence  for  which  he  •rtandu  in- 
dicted or  not:  if  you  shall  be  satisfied  by  the 
eridence  that  be  is»  I  do  not  doubt  bnt  you  will 
do  justice  (which  is  all  that  is  de&ired  m  you)« 
and  find  a  verdict  for  the  kin^. 

SoL  Got,  if  your  lontship  pleases,  we  will 
DOW  proceed  to  examine  n  itnesj>ea ;  and  we 
desire  that  room  mny  be  moile  for  the  wit* 
nt/^^en  to  ooine  itito  court.  Call  Mr.  Sleplioa 
Lynch. 

L.  C\  X  You  tnust  make  way  there. 

Frisoner,  My  tord^  I  humbly  desire  before 
this  witness  he  sworn,  that  he  may  be  eAauiined 
upon  a  Voyer  dire,  whether  he  bulb  not  s 
promise  of  pardon,  or  some  other  reward  for 
swearing  against  meP 

L»  C,  J.  Sir,  you  cannot  ask  him  that 
question. 

Mr,  Hungerford.  I  hope  we  shall  be  at  li- 
berty, and  hove  a  right  to  enter  into  an  examt-' 
nation  of  this  matter*  If  a  mnu  is  represented 
to  be  in  the  same  circumstancen  with  the  pri- 
soner, and  the  prisoner  led  into  the  same  ctr- 
ciimstanoes  by  the  [terson  proposed  an  a  wit- 
ness, and  at\erwards  by  him  involved  ia  the 
Bome  offence  ;  if  the  person  therefore  proposed 
a>i  a  witness,  hath  a  (iromise  of  pardon  or  aome 
reward,  upon  condition  that  he  would  swear 
ai^aiust  the  prisoner,  he  cannot  by  law  be  a 
g^od  witness;  the  perf»on  proposed  as  a  wit- 
ness must  be  a  credible  wituei^,  must  be  a 
leg-al  witness,  must  not  be  convicted  of  perjury 
or  any  other  tiotoriou<$  ofleuce,  a  free  witness 
that  is  not  under  restraint  for  the  offence  bs 
accuses  another  of ;  and  tlierelbre  we  hope  we 
have  a  right  uf  asking-  whether  he  acts  under 
the  influence  of  any  promise  of  reward,  or  lb« 
promise  of  a  pardon  :  and  the  right  we  have 
of  examiningr  bim  to  the  promisee  ot  a  reward 
or  pardon,  is  supported  by  the  authority  of  my 
lord  chief  justice  Hale*  asireporteil  by  kcdvni^. 

Mr,  Keitlhey,  My  lord,  i  would  not  lake  up 
your  lofdshtp*s  time,  and  sulimit  the  wcii^ht 
of  what  i>lr,  Hungerford  has  offered  to  your 
consideration;  hut  we  found  our  rij^htofask- 
iiif^  this  ijuesiion  upon  my  lord  rhief  justice 
Hale's  express  declaration,  set  forth  at  lafffe  iu 
Kelyn^e^s  Reports,  foh  18,  which  I  have  here 
in  my  hand.  I  must  likewise  beg:  leave  lo  ob- 
sert-e  to  your  lordship,  that  thi:^  f|uestion  was 
formerly  asked  in  the  trial  of  fi^irdon  and  l>or- 
relt  to  one  Adams,  that  Inid  been  in  the  aaine 
conspiracy  witli  those  tliat  were  brougfit  to 
trial  for  biKh  treason,  and  was  then  produced  as 
a  witness  against  thetu ;  the  bfiok  waa  thes 
broujEfht  into  court,  and  the  qaoiaiioa  rend  he- 
fore  your  lordahip,  and  ac^^ordiog:  to  my  notes 
of  that  trial,  which  I  have  heiT  brou|(iil  with 
me  for  my  jUKtitteatioo,  ( I  submit  to  your  brd* 

*  liale'i  Hist.  1».  V.  U.  %  cap.  %7. 


159]  9  GEORGE  I. 

fbip'f  oorrrctkm  if  I  rfo  not  state  it  n^t,) 
Adams  was  asked  tbat  que^tMrn,  tho«i|^  it  was 
Bon^  otj^cted  Id  by  the  kingr'^  coonwl.  The 
distioctHMi  ofiT  lonl  cbiet' joitioe  Hale  made 
was  this — 

Jnst.  Eyrt,  Read  the  whole  pafW^I^- 

Mr.  KeUlbtit.  1  iiill,  my  bird.  The  nordA 
arethese  :  ^  It  was  rei(dT«-'d  that  some  of  those 
equally  cul|»abie  with  the  rest,  mav 
de  use  of  as  witnesses  a^nst  iheir 
fellows,  and  they  are  lawful  accusers  or  wit - 
p(*«ses  « ithia  the  statute  1  Ed.  6.  19,  6  and  6  ' 
Kd.  6,  c.  11.  and  1  Mar.  1,  aaud  accoidinsrly 
a:  the  trial  of  these  men,  some  of  them  who  I 
wtre  *»artics  in  the  treason  were  made  use  of  | 
A^io«t  the  rest :  for  lawful  witnesses  within  ! 
tiiosc^  sututes  are  such  as  the  law  allon  efh  ; 
unri  the  law  alluweth  every  onetobea  wi'ness, 
ubo  is  not  conricteil  or  made  infamous  for 
some  crime ;  and  if  it  were  nut  so  all  treasons 
would  he  tsafe,  anH  it  would  he  im|i0ssible  for 
one  who  conspires  with  neier  ro  many  persons 
to  make  a  discovery  to  any  pur^Mise."' 

I  was  aware  of  what  was  ht-re  laid  down, 
therefore  did  submit  Mr.  Huugerford's  reason 
to  your  brdship's  consideraiinn,  and  did  not  in- 
sist farther  u|ion  it ;  the  subM>queot  words  are 
these.  "  But  the  lord  chief  baron  Hale  said, 
that  if  one  of  tlie»e  culpable  persons  be  pro- 
mised his  pardon  on  coniliiion  to  ijpre  eridenoe 
against  the  rest,  that  disableth  him  to  be  a  wit- 
ness aflrtin«t  the  others,  because  he  is  bribed  by 
savini;  his  life  to  be  a  witness :  so  tbat  be  makes 
a  difference  where  the  promise  of  pardon  is  to 
him  for  disdosinif  the  treason,  and  where  it  is 
forg^irineoferidence.  But  some  of  the  other 
judges  did  not  think  the  promise  of  pardon,  if 
he  gfare  evidence,  did  disable  him.  But  they 
all  advise«l  that  no  such  promise  should  l»e 
msfle,  or  any  tbreatnings  used  to  them  is  case 
they  dill  not  g^re  full  evidence." 

fSo  that,  my  lord,  we  have  not  ool  v  the  au- 
thorhy  of  that  book  with  us,  hut  a  solemn  pre- 
cedent in  this  court  in  point  established  npon  a 
lonf(  debate,  and  iprounded  on  tliat  very  autho- 
rity. And  when  I  moved  this  matter  at  the 
trial  of  Divrrell,  Gordon  and  Ker,  I  then  cited 
another  instance  w  here  it  had  been  allowed  by 
the  Court,  and  that  was  before  Mr.  Justice 
Powell  at  Worcester  assizes,  upon  the  trial  of 
Palmer  and  Hymunds  for  the  murder  of  Mrs. 
Palmer :  there  a  third  penon  concerned  in  the 
fact  came  in  as  a  witness  against  the  other  two, 
and  alter  it  had  been  ar^pied  by  coonsel,  and 
that  leameil  judge  had  read  upon  the  bench, 
and  considered  thi<  authority,  the  witness  was 
at  last  asked  this  qiie^tion  upon  a  *  voyer  dire:' 
and  for  the  truth  of  tins  case  as  I  n^jMirted  it,  I 
ap|>ealed  to  my  lonl  Lechmere,  then  attorney 
general,  and  h  Iio  had  been  one  of  the  counsel 
at  Palmer's  trial. 

8erj.  Fengelfy,  My  lord,  we  hope  if  there  is 
any  room  fur  this  pretence  which  is  insinuated, 
it  only  goes  as  t»  his  credit,  and  d«ies  not  dis- 
able him  from  being  a  witness ;  the  authoritiea 
produced  are  no  more:  the  judgca  directed 
that  no  suck  promise  should  kr  mde,  bat  if 


Triml  qfChmiapher  Layer^ 


[leir 

itdMk 


H-M 


r.«ak» 


such  a  promise  was  made,  they 

not  dinsUe  him  from  being  n* 

tneutioned  by  my  lord  chief  ' 
i  not  bke  moniey  given,  wkich  in 
*  ni|ition ;  the  promise  of  parddo  ii  n 
j  luntary    in  itself:    who  is  the  pi 

made  by  ?    Is  it  in  the  power  m 
.  but  his  majesty  lo  perform  it?     IftkiilaiMV 
-  thing  in  tlie  suppositioo,  it  is  BOt  pnpvlsaik 

in  rklation  to  it  upon  a  *  rmytr  4i 

the  witiien  from  being  awora  to  giwvcntasi; 
'  but  w  hen  he  hath  been  sworn,  if  tbij 

I  lo  a«k  t!ie  question,  they  may. 

Ail,  Ce».  The  askii^  tlie 


tion,  as  it  is  irregular,  so  if  it  wm&  aooprrrd  m 
the  affirmative,  woaki  be  of  no  ^frriee  t»  tka 
prisoner ;  for.  With  submigifiaii^  ii  wS  nn  db*  < 
able  Mr.  Lynch  froiu  being  a  wftta«M,    fiscrf 
man  is  hound  injustice  tt  iriv«  ef iiletiiaa  t(  vk 
quired,  and  a  promise  Ia  have  a  p«rdoB  ilka 
gives  evidence  i^iait  the  |m«owGr,  caa  bo^ 
looked  on  only  to  induce  bi«  l»  4»  thai  wbkk 
by  law  lie  ought  V*  M  aceonrKng'  ti  ll»»  tfuib:  ^ 
it  does  not  import  tb&i  be  was  to  gite  a  wnaig  ' 
or  a  fabe  evidencp ;  »ueh  a  *^iipttiasi  ka  en*  ^ 
not  be  oldiged  to  answer.    And  ifeemaMI^ 
use  the  prisoner  coutd  make  of  ikifi,  WmtM*. 
promise  was  made  lo  ibe  witneaa  (wbidi  it  ^ 
not  admittpd)  wottSd  be  ouly  agaitmt  the  cndii 
of  the  witness,  but  out  enitrdy  take  wf  kaii^ 
timony  ;  his  credit,  as  i»dl  s?^  tlie  crrdii  tit" 
witnesses,  must  lie  l^'it  lu  the  ctnusUlervl^ 
tkejiu-v.     As  to  the  opinioi)  ol'  fuy  knd  rb 
baron  Hole  cited  aat  of  Kdyo^e,  tb^  otliie« 
judges  differed  wiih  bjtn,  siid  ihei«iof«  #^ 
bo|ie  Mr.  Lynch  shsJl  be  Bwom. 

Sol.  Gem,   We  who  are  coonsd  fot  tb« 
do  not  oppoae  tke  asking  thti  questjofi«  oni  ^ 
any  apprekcnaioo  thui  the  j^dsmct  wmM 
out  against  us,  but  tor  iear  of  orcrti 
point  that  hath  been  hn^  ^tllcd.    Am  ta 
book,  wkick  the^e  gentiemeii  cite  tc»  fu| 


1 


their  dijanlion,  with  submistkio,  it  is  j^ihi^'    g 
autkority  to  over- rule  it^    Tbe  opiutaii  EAaJ 
found  tkeBoaelvfls  upoa»  isthAt  of  my  lofil  ^  ' 
baron  Hale ;  bvt  the  t&%  of  the  judg^  **< 

r'nkw  apunat  him;  so  tiiat  we  app« 
antbont?  m  witli  ira,  and  likewise  tb^  m 
son  of  the  tnmg.  I  take  it  tlist  do 
to  be  asked  a  man  upon  a  '  voyer  dirr/ 
fact  that  wnaM  take  off  h  is  testimony, 
then,  fiir  argnmcut  <vake,  tbtii  ibeTe^w^&s  «.  \ 
miae  of  paidon  made  to  a  luau  upoo  c^^«m1 
that  he  akouM  ^ive  evide&ce*^  I  a^^^rdl 
that  would  not  difi^ble  hiui  from  betim^^  ml 
ness,  any  more  thiui  if  the  cond>ti(^  V^«4J 
that  ke  akonki  declare  the  trut)i«  irhi 
his  duty  to  have  do&e,  although  do  ' 
mise  had  been  made :  ainl  siirefy  tln.^ 
of  a  nardon,  upon  a  cooditiop  to  do 
was  his  duty  before,  wiU  not  talce  of 
mony.  If  they  would  mk  ihc  wiiu« 
be  baa  acoe|itcd  a  prooibe  ofoL  Ck7^ir«V 
condition  to  give  fk\%€  testimcmjr,  Xm  m  ^^i^^  \»i 
tmn,  to  whim,  with  great  iubint!Ka%  ^^mt^  W 
bound  to  anawer;  beeuase  tbiii.  ^^^ch^ 
•wmekua  tt  ai:cuse  blmsiejrpf  m^  -^laia| 


161]  for  High  Treason. 

If  wmhmfkt  For  these  r^asous,  as  ncll  a& 
«p»  aecomit  of  the  authority  th€^  produce, 
«t  typebenil  there  is  oo  force  in  the  objec- 
ted. 

8b|.  C4««Atre,  M?  lord,  I  know  not  whe- 
Acr  it  vfMild  oot  be  laying  too  great  a  weight 
Wfm  tie  nlijcMrtioiiy  for  so  mony  uf  the  king's 
^  In  ftosw  er  it ;  for  my  part  I  thiok  it 


lltf  Mnmgtrford.     f  urge  it  thus  fur  t  what- 
Ifvrsofi  is  produced  in  a  court  of  justice 
I  he  must  appear  to  he  utterly  uu> 
hi  point  of  interest  i si  the  consetpieuce 
Jf  a  man  produced  as  an  evidence 
lite   debt  ti{Kiu  the  defenibnt,  !»liuM« 
exjiniiued  upon  a  ^  ? oyer  dire,'  ihs* 
Ikat  be  IS  to  have  a  part  of  the  i uimey  re- 
st oet  such  a  person  disaiileil  from  t>e- 
m^%  Wititesji  at  a]J?   An^  ib  not  a  promise  of 
Itflnto  the  witness^  in  ca^e  hti  couvicts  the 
c^bmI,  a  g-reater  bi^s  than  the  witness'^  hav- 
9ffmi  of  the  tnoney  recovered  P    In  a  civil 
ttaedbe  questioo  is  not,  if  bether  the  wittiess 
hwmpm,  to  ««rear  a  truth  or  fulshood  f    but 
iMttr  the  «^itne&s  doth  oot  sip[>€Ar  to  h^  so 
HirsDOoereecl  in  interest,  that  he  ou^bt  not  to 
bfnintned  at  all  I    And  thrrelbre  1  humbly 
^Mtthat  i(fe  ou^ht  to  have  an  account^  wbc- 
ftffilie  witness,  Lynch,  bath  the  promise  ufa 
■vAqo*  or  any  revrard  tor  that  which  he  is  to 
Is  lere,  viz.  fur  the  evidence  ke  i$  to  give 
4|tt&ft  ibe  urUoner?  As  Ui  the  consequence  of 
Mh  V,  it  is  iudiflfereDt  to  me  whe- 

ther it  lule  him  from  being'  a  witness 

_  tlsaHtii^y,  or  go  to  bis  credit  only  :  for  if  it 
^LfbooM  Guote  out  that  he  liuth  sucti  a  ]>romise, 
Aijisoppose  CIO  jury  or  man  tivin^  mIII  hclievc 
^Hfa^  an^l  that  ifl  much  the  saiue  as  if  he  wei^ 
V%l  ffrodoLM  "  ^  .'h  it  seems  mure  at^rt^cahle 

r     tP  tiie  |*r<  i  \  \\  cases,  that  he  should 

I     aat  U     '  1^  1  tutne5S  dt  alb 

'        Ml  .     31  r.  Solicitor  mistakes  the 

varda*  w.  ^^.v  ^iiuk  as  1  read  them  ;  he  is  pleas- 
fd  Id  understand  ihem  as  if  all  the  rest  of  the 
dvfTered  in  optuinn  from  my  brd  cliicf 
Hale  ;  hut  the  book  does  not  say  so^  it  Is 
mtAy  that  same  of  the  other  juilij^es  wereof  opi- 
wmm  tUnt  it  did  oot  disable  tiim,  but  all  agreed 
llbaiii  «veht  to  bis  creiiil,  and  tliat  was  ult  I 
re»4  IB  li»e  book  \  and  I  wdulil  not  have  oHered 
Uptb^wbe  than  as  it  was  truly  there,  upon 
iBj  coBfidrintioo  wfiatsoever;    hut   t^betber 

«i|iiestiott  be  asked  at  Hrst  or  lait,  so  as  we 
■p  aitswf-r  to  It,  I  am  contented. 
pp.  J.     Yoti  see  the  most  you  can  make 
t  ^'    '   '  i^  an  objection  to  his  credit;  and 
b  credit^  rnun  lie  ttot  ite  M^vorD^ 

Ki,  i^.vv...  iett  to  the  jury?    lie  must  be 
"  as  a  te^al  wrtnexs  ;    but  if  this  man, 
r   expectation  and  promise  of  a  piirdon, 
rt  here  tti  sv^earthat  which  is  not  true, 
yoii  would  a«k  bitu  to  that,  be  is  not 
to  asisii'er  it.     Nobody  is  in  discredit 
,  l^iltahtays  lo  be  lakpu  U\  lit"  innocent 
ottierv»He.     It  is  expresset)  that 
lie  of  pardon :    what  to  di»  ?    To 
y^ev.    Gittt  fvidctiee!    Why  should 


A.D.  1722-  [162 

he  not?  Ts  be  oot  obliged  to  it  ?  Suppose  ha 
gives  evidenoe  sccordioi^  to  the  truth,  be  would 
be  entitled  as  much  to  bis  pardon,  as  if  he  gate 
evidence  of  that  which  is  not  true.  The  most 
you  can  say,  is,  be  has  a  promise  of  pardon  if 
he  gi%es  evidence ;  and  can  you  conclude  frona 
thence  that  he  can  give  no  evidence  except  a 
false  evidence?  If  they  who  aj»k  the  question 
insinuate  any  thing  like  that,  it  ought  not  to 
have  an  answer :  but  if  he  bath  a  promise  of 
pardon  if  he  gives  a  true  evidence,  it  is  no  ob- 
jection to  bis  being  a  witness,  or  to  bis  credit. 

Prisoner,  My  Jord,  I  humbly  hope  our  ob- 
jections will  thus  far  prevail,  and  that  we  shall 
come  at  the  fact. 

L.  C.  J.  When  he  is  sworn  you  shall  ask 
him  whut  questiont*  you  please. 

Just.  -Eyre.  The  objection  which  pves  oc* 
casion  to  insist  upon  this  question,  aijs«?s  from 
the  iuBuence  which  the  hopts  of  |jnrdon  may 
possibly  liavc  up<»o  the  witness  ;  and  if  ttii*  l>a 
a  reason  ibr  setting  aside  a  witness  as  incapa- 
ble,  no  accotnplice  w  ho  disL'overs  a  conspiracy 
can  ever  be  allowed  to  prove  it  upon  oatii ;  fur 
I  believe,  no  man  ever  yet  made  a  iltscovery 
but  with  the  hopes  of  pardou  ;  and  a  govern- 
ment Is  obliged  in  honour  to  f»rant  it,  whcra 
the  confession  appears  to  be  ingetmous  and  sin- 
cere: and  therefore  if  the  hope  or  prospect  of 
pardon,  which  is  all  that  can  be  inferred  from  a 
promise,  should  be  an  objection  to  the  compe- 
tency of  a  witness,  no  government  would  ba 
safe ;  for  treasonable  conspiracies  might  ba 
formed  and  corriiHl  on  with  impunity,  when  tha 
persons  concerned^  from  whom  alone  a  full  dis- 
covery can  be  bad,  are  utterly  incapable  of 
proving  the  fact,  thouy^h  they  give  all  possible 
marks  of  their  sincerity  and  truth.  They  have 
1  hercfore  been  always  allowed  to  be  witnesses  ; 
and  1  do  not  remember  that  ever  any  objection 
tvas  made  to  their  competency,  till  the  case  of 
the  king  and  Gmdoo,  when  the  cxiunstl  tor  the 
prisoner  would  have  asked  the  same  question 
which  is  now  proposed,  but  the  Couil  did  nut 
think  it  proper  before  the  wituess  was  sworu  ^ 
for  no  person  produced  as  a  witness  can  he  exa- 
mined to  any  mutter  which  only  alfects  his 
credit,  and  is  no  objection  to  his  competency, 
till  after  he  is  sworn  to  give  evidence,  and  has 
been  examined. 

Just.  Ftttpyjr.  Mr,  Huogerford  would  do  \\q\\ 
to  remember  the  several  acts  of  [mrliament 
made  to  give  encouragement,  by  a  reward  of 
40/,  for  the  apprehending  and  convicting  uf 
every  fabe  coiner,  bigbwayman  and  house- 
breaker; and  if  a  criminal  in  those  oftenccH 
shall  come  in,  and  discover  and  convict  t^vo  of 
his  accomplices,  he  shall  he  entitled  to  a  par- 
ti on  ;  and  by  the  express  words  of  tiie  6th  of 
queen  Anne,* shall  have  the  re^vard  of  40/,  fur 
each  housebreaker,  and  i^haU  nlso  himself  he 
entitled  to  a  pardon  ;  so  that  t!te  pail  lament 
tbon^rht  it  pi*oper  to  give  even  money  as  we  \ 
as  a4isrdon  to  such  discoverer.  \cl,  ever  sinri* 
the  making  of  those  acts,  tiie  persons  so  prt»- 
miseil  and  encouraged,  have  upon  thiise  trials 
been  atlmitted  as  good  witnesses  even  before  a 

31 


i 


lOaj  i>  GEORGE  L 

p»Tilon«  And  indeed  tbere  can  not  \te  too  pprent 
eocouragfe merit  g^i^eii  to  criminals  tn  become 
faooettt^  And  to  conie  in  ami  impeach  tiitir  sc- 
of>m|ilices,  it  being*  often  iiniiofisible  fully  to  disi^ 
cover  those  «ecret  confederucic^,  but  by  tome 
ofthi!  accompiioes  and  actors  ttierein. 

Tiie  laiv  thinks  these  are  fit  witaesaea,  and 
yuu  will  find  it  in  the  book  that  Mr,  l£etelb«y 
bath  mentioai^d,  that  they  were  thought  At  to 
make  diftcoveries  of  those  secret  uombioations  ; 
1  do  not  Kay  ti»  come  in  and  give  iaiae  evidence, 
but  to  muke  a  fair  discovery. 

Mr.  Ilitnticrfoi'd,  My  lord,  we  submit ;  we 
ibatl  ask  tbe  question,  whether  he  hath  any 
f  licb  promise  made  ?  Let  the  truth  come  out, 
and  we  shatn>e  sati^jfied. 

Just,  Forlcicue  Aland.  I  was  counsel  in  the 
case  of  the  king*  and  Gordon  ;  and  I  very  well 
remember  the  counsel  of  the  other  side  insisted 
the  witness!  produced    should    be   aaked  this 

Juestiou  on  a  ^  voyer  dim,*  liis  name  wan 
layer*  The  reason  the  Court  gave  tliat  it 
was  im|iropei'  to  ask  this  question  on  a  *  v oyer 
#re/  was,  that  if  he  had  this  premise,  such 

Iftromiae  was  maib  eitht?r  to  speak  the  truUi»  or 

^to  speak  a  faLhood  ;  if  it  were  to  give  a  jufit 
and  true  evidence,  there  was  do  harm  in  ^i;  and 
tf  it  was  a  promise  of  (lardon  for  speakinsf  that 
which  was  not  true,  tlie  witix'ss  vi as  not  bound 
to  answer  that  question,  and  consequently  it 

L^an  be  of  IK)  use  whatsoever;    tberelbrethe 

[witness  mutt  be  sworn* 

Mr;  Stephen  XyncA  sworu. 

Sol,  Gen.    Do  you  know  the  prisoner  at  the 

|larf — l^nch,  Y'i* 

SoL  Oen,    How  bug*  have  you  known  blm  ? 
Lynch,  I  lirst  knew  him  about  the  month  uf 
June  last, 

SoL  Gen*  Pray,  give  an  acx;oant  to  the  Court 
and  Jury  by  what  means  you  first  became  ao- 

;  i^ualnted  with  him. 

I  Lynch,  I  became  acquaiuti*d  with  Eiim  by 
I>r.  Murphey  :  about  the  month  of  Ajiril  last  I 

^came  into  England  from  Flaudei-s ;  at  my  ar- 

I  rival  iu  England  1  met  with  Dr.  4Murphey,  that 

[  iras  my  a cquaintu nee  several  yeans  before,  wbo 
tiiet  me,  and  told  me,  he  had  some  particular 
business  to  tell  me, and  desired  me  to  meet  him 
at  Cooper's  coffee-house  in  Cornhill,  where  I 
met  him  ;  and  he  told  me  that  material  things 
Were  actings  in  the  kingpdom  in  order  to  arising*, 
and  if  i  wonid  be  of  the  party,  be  would  recom- 

1  mend  me  to  a  g-entlemaii  that  had  the  manage- 
ment of  it :  I  BEked  time  to  consider  it ;  and  in 

I  twf>  or  three  days  time  I  told  him  that  1  was 
ipcsolved  to  be  of  the  party.  1  frequently  told 
him  1  was  imftatieot  to  know  who  the  pfentle- 
man  was  tlmt  1  was  to  be  rtrommendetl  to  ; 
alK)Ut  the  muuih  of  Juoehetoldme  1  should 
|ro  with  him  to  his  loilgiti^s,  which  were  at  the 
tipper  end  nf  Chauoery-liuie,  right  over  against 
the  White  Hart. 

Soi,  Gen,  Whose  lodgings  did  you  go  tof 
Lynch.    The  lodifingH  <»f  Mr.  Layer:  Mr. 
Layer  was  at  home,  and  d^-stred  us  to  go  to  the 
Cfntlia  tavero  in  iiolUini,  and  be  would  meet 


Trial  of  Christopher  Layer^ 


tlM 


us  there ;  we  went,  and  in  a  little  while  Mr. 
Layer  came  to  us  ;  and  ihen  Dr.  Murpbev  told 
him  that  1  h  as  the  gentleman  he  had  apoVe  ta 
him  of  Mr.  Layer  was  glad  of  my  acquaint* 
anoe,  and  told  me  that  he  had  such  a  stroog 
recommendation  of  me,  that  he  was  fully  ntia* 
fied  in  me  ;  and  then  he  held  a  discourse  abooi 
a  rising  that  was  to  be  in  the  kiugdom  in  ik« 
TOur  o?  the  Pretender,  and  that  it  would  be 
backed  by  a  great  many  of  the  array  and  the 
guards,  and  several  other  gentletnen. 

Mr.  Hutigerford,  The  overt  act  is  laid  in 
Essex,  and  here  is  an  evidence  given  of  an 
overt  act  in  Middlesex ;  with  submi^aion^  iiiej^ 
can  give  no  evidence  of  an  overt  act  in  iaotb«r 
coujjty,  till  they  give  evidence  of  an  ofert  act 
in  Essex,  where  the  indictment  is  laid. 

L.  C,  J*  All  they  say  of  matters  in  the  eooA* 
ty  of  Middlesex,  unless  they  give  evideooe  of 
an  overt  act  in  th«  county  oV  Essex,  it  stfntfica 
nothing.* 

ftlr.  Bungerford.  My  lord,  with  submission, 
they  ought  not  to  he  su^ered  to  give  evidence 
of  an  overt  act  in  Middlesex,  before  tbey  giva 
evidence  of  some  overt  act  in  Essex  ;  tor  iba 
pi-oving  some  overt  set  in  Essex  is  ilia  onlj 
thing  which  can  entitle  thpm  to  prove  any  oi«ri 
act  elsewhere.  For  by  the  method  tbey  wwtiM 
go  on  in,  the  jury  may  be  captiviited  wtih  a 
fctory  of  the  Gitlhn  tavern,  and  of  Mr.  L\ver*s 
other  assii^nstions  and  actions  in  Mid<II'.s>.*x, 
which  cannot  be  imputed  to  bim  upoa  tlii^  in- 
dictment until  some  treason  be  proved  in  Et* 
sex  :  1  hope  therefore  the  king's  counsel  shall 
receive  your  lordship's  directions  to  go  on  r«- 
gularly,  to  liegin  to  give  an  account  of  tha 
oveit  actii  in  Essex,  before  tbey  go  into  aao* 
ther  county. 

L.  C.  J/  Mr.  Ilungerford,  you  must  gita 
them  leave  to  go  on  in  their  own  method,  of 
thtit  that  first  happened  in  Middlesex,  and  ailMv 
wards  of  what  biippened  in  Essex  ;  ami  if  yoa 
dare  not  trust  them  and  us,  but  will  have  yo«tr 
own  method,  it  would  be  to  put  ua  into  ooa« 
fusion, 

SitL  Gen.  My  lord,  we  insist  upon  it  lu  |»otAt 
of  law>  that  we  are  entitled  to  give  evidence  of 
overt-acts  of  the  same  species  of  treason  laid  it 
the  indictment,  though  done  in  any  county  iy 
England,  providtd  we  also  prove  an  overt-act 
in  the  county  of  Essex ;  which  we  must  do, 
otherwise  tliis  will  pass  for  uottiing.  Mr. 
Lynch,  go  on,  and  give  my  lord  ami  the  jury 
au  account  of  what  Mr.  Layer  said,  when  yoa 
were  togelher  at  the  Griffin  tavern. 

Lynch,  The  (irst  thing  he  totd  me  wtfi 
that  he  was  very  glad  to  meet  me,  that  he  bad 
bad  a  good  recommendation  of  me  fr/*m  t^r 
Murphey^  as  lieing  a  man  he  could  con; 
and  beginning  his  discourse  of  an  iiisnr;  .l..j„ 
iu  the  king-doro,  he  tolil  roe,  that  they  war* 
backed  with  a  great  many  of  the  army  and  tlia 
guards ;  that  there  was  a  great  many  of  tha 
nobility  and  geutry  of  the  eountrv  that  would 
come  in  to  them ;  be  told  me  then,  that  bt 

^  Bee  East's  Fl.  Cr.  oh.  S,t.  61. 


Jhf  High  Treason, 

of  tftolutioQ  UiAt  would  take 
Wftm  Ikim  tli4^  ft^izing;  of  i^ojne  person  of  oatet 
temgtttcrilf  <ir  «ome  otijef  great  man.  The 
^niarii  ntn  m\\  ufmn  tbe  same  thln^. 

BU^  Gt^     R^cxittet't  as  welt  as  ^ou  caD»  tHe 
Air*  La^er  told  you  relating  to  iliit 

Hm  told  ooe  llie  general  design  of  a 

ill  \\w  kiner'totn,  to  favour  of  the 

and  that  tbi^y  were  backed  by  a 

ly  of  the  army,  and  a  ^rreat  many  of 

r  and  gentry ;  and  then  be  told  me 

m  matt  of  resolution,  lo  undertake, 

Blbers^  to  seize  a  great  maof  as  a 

other  great  man :  at  that  tiu>e 

m  jielf  to  do  it ;  so  that  time  we 


t,ihm*     How  long  were  you  together? 

About  half  an  hour. 
.  GtA.  Wh«Q  had  you  the  next  meetiog  ? 
^  feri.     A  clay  or  two  tlter^^ards, 
fi  frtffi.     At  what  plane  ? 
J^mrh^     At  ilie  same  tavern,  the  Griffin  ta- 
f  came  there,  I  tent  a  boy  lor  Mr, 
had  ordered  uie  to  do  when  1 
.n   fiim* 

W  heti  was  your  ftr«tt  meetiog  ? 
About  tbe  month  of  June. 
And  the  necoud  meeting  was  two 
'  day*  after  the  first? 
LfmeA-     Vev,  m^  lord. 
IEhj.  CiUMhirt.    At  your  parting  after  the 
iiat  aie«li<i|f,  what  did  Mr  l^yer  say  to  you  T 
Lymtk      Mr.  l^yer  told  ine,  if  I  bad  oc- 
^mmm  tm  aseak  to  hiin  that  I  should  not  come 


•t  but  to  go  to  a  tarero  and  send 
te  yiw,  wind}  I  ilid ;  I  aetit  a  boy  for  him,  and 
^c^mm  %m  me.  Then  talking  over  a  glass  of 
WW,  be  lalii  me  that  he  had  pitch ei I  upon  tne 
ifiw  the  eari  of  CadogaUt  and  that  J  should 
loMAijr  Mraoni  as  I  thought  fit  who 
mimm  the  tatnc  deaign ;  and  he  being 
pfivdfial  man  in  tlie  array,  it  would  dia- 
>  tiie  king's  party,  and  animate  the  Pre- 
fmfUty  i  which«  as  1  said  before,  I  agreed 
and  to  do  the  utmoat  of  my  en- 
iloioit. 

ftr^.  PmmUy,    Waa  yon  to  do  it  alone^  or 
mm  y»«  to  have  any  aaaislance  f 
tfwtk,     Yta,  1  waa  to  have  aaabtance. 
hm^.  Frn^rlhf     WhatasaiataAcef 
Ifmrk-     ^  I  at  I  thould  ebuie ;  inch 

fMlftlnit  mfidein. 

mL  Gevf.      Uiii  vou  undertake  itP 
ImfA.     Ym,   I  did   undertake  it,    tod  to 
pJMk  afoa  audi  prraoof  aa  ahould  be  projier  lo 
iMaaai*  in  fl« 

i  Ctn^     Waa  ioy  thing  aaid  al  that  time 
any  |wr»on  who  waa  to  have  the 
i  of  iW  d#«i^  f 

Ht*  told  me  that  there  wa»  some 

\  anew  that  ihd  not  want  wit,  courage  or 

ajul  was  at  thi*  head  of  this  affair, 

I  al  a  proper  time  give  me  an  order 

v^ran  Mfnrthiog  further  about  it, 

fcl,  Gra>    U  ^cl  y  n u  ii n y  more  diacourae  with 
4a  fciiMas  about  thti  atfair  f 


A.  D.  1799.  ri6S 

XyncA.  Yet,  we  had  several  discourses 
about  it 

Alt.  Gen,  Tell  my  lord  and  the  jury  what 
more  discourse  you  had,  if  you  can  remember. 
Lynch,  The  chief  part  1  waa  to  act  waa  to 
seiiee  the  earl  of  Cadogan«  with  such  gentle- 
mcfu  as  1  should  think  proper  to  answer  tbe  end 
ofseiEtng  him. 

Herj.  Cheshire.  Was  there  any  other  meet* 
iog«  and  when,  and  how  lotig  after? 

Lynch,     After  that  1  came  to  a  tavern  ia 
Hfdborn. 
Strj.  Cheshire.    How  lon^  after  ? 
Lf/nch,    ikime  few  days ;  it  was  at  the  Cai* 
tie  tavern  in  Llolbom. 
A  it.  Gen,   Who  was  with  you  at  the  tavern  ? 
Lynch*     I  came  to  tbe  tavern  and  sent  for 
Mr.  Layer. 
Alt.  Gen.    Did  he  come  to  you  P 
Lynch.     Yea^  he  came  to  me. 
J}t.  Gen.    What  discourse  bad  you  with 
him  at  that  lime  ? 

Lynch*  We  had  no  particular  discourse,  but 
in  general  we  ttdked  about  the  uneaiineas  of 
the  nation^  and  the  iUir  opportunity  there  ttaa 
to  rise. 

Att,  Gen.  Pray,  give  an  account  of  what 
else  passed. 

Lynch,  I  say,  the  discourse  that  we  bad  at 
two  meettiigei  before,  he  repeated^  and  aaid, 
now  is  a  fiiir  opportunity,  the  uneasiness  of  tha 
people  being  such,  to  bring  about  a  revolution, 
since  they  would  be  backed  by  tbe  army  and 
the  guardsi  and  several  other  people.  Soon 
oiler  that  we  parted 

Serj.  Cheshire.  When  had  you  any  other 
meeting  f 

Lynch.    Soma   meetings   we  had   at  Mr. 
Layer's  house  in  Southampton^  buildings  * 
8erj.  Cheshire*  How  long  a^r? 
Lynch.  A  few  days  only. 
Serj.  Cheshire*    At  the  several  meetings  at 
his  houae,  what  was  tbe  subject  of  jour  dii* 
course  ? 

Lynch.  U  waa  upon  the  same,  about  the  ris- 
ing and  uneasiness  of  the  people,  and  the  fair 
opportunity  of  bringing  ah<»uk  a  revolution  ;  of 
the  dispOKttion  of  the  army  and  tkie  guards. 

Serf.  Cheshire,  Did  he  give  you  any  encou- 
ragement ? 

Lynch,  After  I  met  him  at  bb  house  ia 
Southampton  •buildings,  I  kdil  him  of  my  un* 
eastnesfs  ;  because  he  had  told  luc  at  the  begtn- 
ning,  that  tUene  ihiitga  would  be  aoon  put  in 
execution :  I  told  him,  if  they  were  delayed,  I 
wiLs  afraid  they  woutd  not  succeeds  He  thea 
aoimatrd  me,  by  telling  me  that  there  were  no 
fear  of  its  succeeding  ;  and  that  I  should  out 
be  discouraged,  for  there  was  a  great  mao,  a 
man  of  wit  ami  conduct,  thai  was  at  the  helnsi 
and  that  had  the  management  of  the  vcheme : 
That  1  ahoulil  always  keep  a  good  heart ;  aod 
that  ihintrs  went  cui  very  well. 

Mr.  Wnt,  Did  he  tell  you  in  whose  favour 
this  was  to  be? 

L^nch<  Yet»  in  favour  of  the  Prelauder. 
Ue  atotifiifil  him  by  tb<^  nam*  ol'kiug. 


i 


16:] 


9  GEORGE  L 


Serj.  Cheshire,  Do  you  know  any  thiogf 
about  his  going  into  the  country  ? 

Ljunch.  After  1  met  biro  at  his  house,  be 
went  into  the  country  and  staid  sixteen  or 
■erenteen  days;  at  his  return  1  went  to  see 
him,  expressinijf  how  uneasy  1  was  at  the  delay. 

8eij.  Fengeliy.  About  what  time  was  thisr 

anch.  1  believe  it  was  in  July.  And  then 
1  him  apfain  how  uneasy  I  was  at  the 
delay.  To  which  he  answered,  Keep  a  good 
heart,  all  thinp  go  on  very  well. 

Serj.  Cheshire.  Had  you  any  apprehensions 
that  all  was  to  be  done  at  home,  or  that  you 
was  to  have  any  foreign  assistance  ? 

Lynch.  In  my  discourse  to  him  of  the  un- 
easiness I  was  under  at  the  delay,  I  asked  him 
if  be  had  any  promise  of  any  succour  from  any 
poiver  abroad  r  He  told  me,  if  we  once  made  a 
beginning,  we  should  not  want  them :  But  did 
insinuate,  that  we  should  not  want  encourage* 
neot  from  the  court  of  France. 

Att.  Gen.  When  yon  expressed  your  unea- 
siness at  the  delay,  what  did  he  say  to  encou- 
r^reyouP 

Lynch,  The  reason  he  told  me  was,  that 
things  went  on  very  well,  and  would  very  aoon 
be  put  in  execution. 

Ati.  Gen.  In  what  manner  did  you  express 
your  uneasiness? 

Lynch.  Nothing,  but  that  I  was  iraeaiy,  and 
I  was  afraid  that  things  did  go  wroncT* 

Sol,  Gen.  What  did  you  say  ?  Did  you  say 
any  thing  relating  to  your  own  circumstances  ? 

Lynch.  In  the  beginning  1  told  Dr.  Mur- 
phey,  because  it  would  be  a  long  while,  some 
five  or  six  weeks,  before  I  was  to  be  introduced 
to  BIr.  Layer's  company,  that  I  came  on  my 
own  particular  business,  and  my  circumstances 
would  not  permit  me  to  be  loo^  here  at  my 
own  expence.  At  the  meeting  with  Mr.  I^J^Fy 
when  1  first  made  this  complaint  to  him,  Mr. 
Layer  told  me  1  should  not  want  for  a  small 
matter  to  maintain  me  in  England.  Accord - 
higly  Mr.  Layer  gave  me  some  money. 

Att,  Gen.  Do  you  remember  how  much 
that  was? 

Lynch.  I  eannot  remember. 
^Att.  Gen.    Did  he  give  you  money  at  any 
other  time? 

Lynch.  Mr.  Layer  gave  me  some  money 
the  first  time,  and  afterwards  he  sent  me  some 
money  by  Dr.  Murpliey. 

Sery.  Pengelly.  Did  he  give  you  any  money 
at  any  otiier  time  ? 

Lynch,  Yes ;  the  last  time  I  was  with  him  I 
had  more. 

Att.  Gen.  How  mangr  times  had  yon  money 
of  him? — Lynch.  Five  or  six  times. 

Alt.  Gen.  Do  you  know  what  the  sums  did 
amount  tu  together? 

Lynch.  1  cannot  recollect;  but  I  believe 
about  eight  or  ten  guineas. 

Att.  Gen.    What  waa  it  given  you  for  ? 

Lynch.  To  keep  me  in  England,  and  to  assist 
in  the  intended  desiirn  of  a  revolution. 

Beti.  Pengelly.  AAer  y»u  went  to  him*  upon 
bis  return  out  of  the  joooidryi  do  ysu  iiliMn* 


[168 
iie.l 


iieRs  at  the  deia j ;  «pw 
n^e,  giving  ne  la  lMp» 
very  well,  and  onrdcMfa 


Trial  of  ChrisiojAer  Layer ^ 

ber  the  discourse  that 
then? 

Lynch.    Yes :    Afler  I  came  to  Ua  I 
expresKpd  my  nneasiness 
wnich  he  encouraged  ii\e, 
that  things  went  on  very  \ 
would  effectually  take  place. 

Serj.  Pengelly.  Did  you  ask  hUn  way  fltmg 
about  the  army  ? 

Lynch,  I  asked  him  if  he' had  Miy  wmm.* 
ragement  from  the  guards  and  the  army?  il«- 
tora  me,  yes,  he  hiul ;  that  a  grsftt  maay  if 
the  officers  would  not  engsge  themaelv«B.MW, 
being  well  paid ;  but  he  said  he  had  apokc  wilk 
several  <ifficers  of  the  guards,  who  had  aHNrad 
him,  that  most  of  the  common  aoldim  svooMv 
come  in,  as  soon  as  we  had  made  a  begianmg. 

Serj.  Pengelfy.  Did  be  mention  any  thiagof 
the  time? 

L.  C.  J.  When  yon  asked  him  if  ha  bad  may 
encouragement  from  the  army,  what  did  m 
say? 

Lynch.  He  told  roe,  that  be  liad  eneoaragv* 
ment  from  many  of  the  utficera  of  the  mrayj 
that  he  had  discoursed  with  several  aeijnmtaaf 
the  guards,  who  told  him  that  the  maww 
aoldiers  would  be  glad,  after  tbey  had  made  a 
be^nning,  to  come  in  to  them. 

L.C.J.  Did  be  give  you  any  reason  for  this? 
Lynch.    Mr.  Layer  told  me,  the  i 
told  him  so  before  they  were  encamp 
complained  of  their  ill  usage,  and  hard 
from  the  Subaltern  officers. 

Serj.  Pengelly.  Was  you  aequamted  wkh 
any  time  or  day  that  was  fixed  ? 

Lynch.  There  was  no  fixed  time  :  Mr. 
Layer  told  me,  it  was  to  be  on  the  rising  of  fAm 
camp;  because  tfai«?y  could  not  talk  with  tha 
soldiers  so  well,  while  tbey  were  emsamped,  at 
they  could  afterwards,  when  they  were  in  thaiv 
quarters. 

Serj.  CAetAire.  Was  there  any  conaokataoa 
of  viewing  any  one's  bouse  ? 

Lynch.  Afterwards  in  disooorsa  he  toM  m&i 
that  it  was  fit  to  go  and  view  the  earl  of  C 
gan's  boose.  In  case  it  was  necessary  lo 
the  said  lord  in  his  house. 
Serj.  Cheshire,  Where  is  his  house  ? 
l^ch.  in  Piccadilly.  "Accordingly  w 
pointed  a  day  tu  go ;  and  I  came  lo  hia  _ 
mgs,  and  we  took  coach,  and  away  we  weal ; 
aiM  talking  to  him  about  it,  he  told  me,  he  wis 
very  well  acquainted  with  my  lord  Cadogaii 
and  had  some  business  with  him,  about  an  ea^ 
tate  which  his  lordship  was  about  buying:  We 
went  to  his  bouse,  but  my  lord  Was  not  to  be 
spoke  with,  or  was  not  within,  I  do  not  reoieiM" 
ber  which,  but  we  were  conducted  into  hia 
house.  We  viewed  the  inner  part  of  the  home  i 
afterwards  we  went  into  the  garden,  we  viewed 
the  lower  part  of  the  ganlen ;  then  we  \ 
out  in  the  yard,  and  took  a  view  of  the  ave 
round  about  the  house.    I  do 


exactly  the  time*  but  it  was  that  day  Ihsl « 
soldier  abouM  have  bean  shot  in  Hyde  Pttk. 
Seq.  CAeiAirs:  HadyweDy  " 

theftiiihisiiMsgiif:.    r 


^/»>r  High  Treason* 

fy^k,  Vir^,  llmt  it  was  enj^j  tn  be  done  ;  if 
lit  nil  but  M>tne  res4)Uite  gfeiitlcnien  to  Biaod 
k§  nil  theAi  it  Wfts  very  teasibleto  bt  don«. 

Sn^  Ckukire,  H«d  you  any  Ulk  at  tliat 
itt»  nMmm  10  the  Toyer  ? 
-  J^raci.  Be  told  roc,  the  Toiver  would  be 
■nedUlelv  surrendered  to  the  party  ;  on  the 
#y  t^  jiiol  was  to  be  put  in  exe^^utionf  a 
OflBB  offieer  of  the  guaids  wuuld  take  ujmn 
Im  In  Oioucil  the  j^uordfi  ibcre,  who  woiilJ 
faliilHi  tlie  d«li?ery  of  the  Toiver  to  ihem. 
SviCli^tre.    Was  there  auy  talk   of  the 

fwrt  Ve«,  af\ertrards :  He  said  there 
iwbeoo  tloubtof  the  Mint ;  thev  would  l»e 
fMlt  Iftlce  lite  opportuciiy  to  shake  off  their 
mkmmtnl*  And  that  they  would  put  arms 
hm  llMnr  bands,  according  as  tbey  repaired  to 


i(t*  6reii.  When  did  you  see  the  prisoner 
MtiHer  Ibe  time  that  )Oci  speak  of  viewing 
■t  M  Cado^n's  house  T 

jLpwJk.    1  aaw  htm  at  his  own  house,  and  at 

miaX  Mvems  in  the  city  ;    and  once  he  wrote 

a  lie,  ^Icstriog  me  to  rome  to  hiit  lm1|^in«: ;  ac* 

Mtiiagly    1    went,  and   when  J   came  to  his 

t«ne«  1  met  witii  a  Httle  paper  that  was  tePt 

Ibrme,  directing'  tne  to  go  to  the  t^ueeu's-hend 

Hiertim  GreatU^it^en-streetnear  LincoUi's-iun- 

and  to  enquire  ttiere  for  one  Mr.  Wilson  ; 

I  did,  and  t  Ha9  conducted  into  a  room 

ibe  f&aid    Mr.   Wilson    was,   with   Mr. 

Layer  and  another  man,  who  seeiuertf  by  his 

^•tiaeB^  to  be  a  Serjeant  of  the  guards.      I  do 

•al  bMiiv  the  man. 

AliG€9.  What  passed  then? 

XjnadL    We  stuid  a  Uule  while  there,  we 

lalkrit  CTver  the  buKiuess,  and  drank  good  sue* 

eoB  i«  the  eolerprize. 

Sierj  Che$Atrt,  Your  lordship  wit  I  please  to 

notice^  thai  when  he  vrent  to  Mr.  Layer*» 

|iH|png>,  lie  fbiind  a  letter  there,  directing;'  hiui 

I      •»  g«  to  the  Ctueen'S'hi'ad  tavern,  and  enquire 

j      Ibr  wie  Wdxon;    that  when  he  came  there, 

I      Wl^an  woa  there,  and  M\\  Layer,  and  ano- 

ih/n  ntati. 

i*eiv  Vewnflltf.  What  passed  at  that  time? 
L-.  'lioif  material. 

4t:  \uii  tiiikeU  about  driokiugf  good 

■tyrw  Ai»  ibe  enter  prize  :  Who  drank  that  f 
I  L^th^  We  all  drank  that. 

^B-  Aii,  (Jen.  Did  the  prisoner  at  the  bar  drink  it? 
^^m  Ly9fh*  Yet,  he  did.  I  toUl  the  pn!»oner^ 
^VttkM  he  went  out,  that  1  was  mighty  ixn- 
H  m^  u  the  delay  of  this  affair.  He  told 
"  •!»  I  ii*ed  not  be  uneasy,  for  every  thiopr 
well ;  and  they  had  a  nobleinan  at 
who  had  authority  from  the  Pre- 
',  mid  wouhl  lose  do  opportunity  when  a 
it  tfliie  otfereil. 
Herj*  Pen^etli/,   What  did  be  call  the  Pre- 

Ij^ck.    He  called  him  the  king.      1   was 

t  It  Ibc  delay,  for  fear  of  being  dtscovered. 

L,'C.  J*     What  rcafioo  did   h«    give  you, 

mky  yfiu  sboiild  not  be  uneasy  ? 

Ijfmtk*    Because  their  dasi^^  ware  quiekly 


A.aiPi^         [170 

to  be  put  in  executirjii ;  and  ther*  was  a  noble- 
man at  the  hehn  who  would  put  the  desiq^ii  iu 
execution^  as  Imving  full  power  and  authority 
from  the  king  to  act  as  he  thought  proper. 

X.  C\  X  Did  you  ask  who  that  nobleman 
was? 

Xj^nrA.  Yes  ;  hut  be  never  told  me  his  name, 
butsaid,  thit  I  flhonhl,  in  a  proper  time,  he  pre- 
sented to  hin>,  and  receive  my  commission  and 
orders  from  him  to  seize  my  loi-d  Cadogao. 

Serj.  Pcngcllif.  My  lord,  we  shall  now  gra- 
tify the  priHoner's  couhael,  with  an  account  of 
what  happei»ed  in  Essex  ;  I  hope  they  will  not 
be  impatient  to  hrar  that :  Therefore,  pray, 
ac^uuiiit  my  bird  nud  the  jury,  when  you  went 
out  of  town  with  Mr.  Lnyer? 

Lj/nc/i.  My  lord,  I  was  at  Mr  Layer's  hous« 
the  dav  when  the  bishop  of  Rochester  was 
sent  to  the  Tower ;  he  asked  me,  if  I  would 
ride  abroad  with  tiim  the  next  dav  to  take  tlie 
air;  1  consented  to  it,  and  came  tbe  next  morn-' 
ing  to  his  house ;  and  Mr.  Layer  asked  me  if  I 
mounted  h  ith  furniture  :  1  told  hiui  no  ;  but 
that  1  had  a  double  hHrrel  fowling  piece,  which 
if  his  serf  ant  would  carry  would  do  as  well. 
He  then  desired  me  to  go  and  stay  for  him 
without  Aldiii^atc,  and  gel  my  gun  ready  loaden^ 
for  he  had  that  about  nim  which  he  would  not 
lose  for  auy  thing  in  the  world.  1  weut  and 
staid  till  about  ten  or  eleven  o'clock,  when  Mr. 
Layer  niPi  me,  and  ^ave  the  gun  to  bis  str* 
vant  to  carry.  On  the  road  he  told  me,  we 
were  going  to  my  lord  North  and  Grey's,  whom 
he  was  very  well  acquainted  with,  aud  that  he 
would  rccotnmc-nd  me  to  him  as  a  friend  of  his* 
When  we  got  to  tlie  Green-Man,  he  told  me, 
we  had  better  go  in  and  tline  there,  liecause 
dinner-time  would  he  over  before  we  could  get 
to  my  lord  North  and  Grey  *8.  Whilst  dinner 
was  getting  reaily,  we  had  .several  discourses 
on  the  same  subject,  of  the  uneasiness  of  tht 
natioo,  and  its  inchnatiun  to  a  revolution^  and 
how  to  bring  it  about  -  upon  which  he  pulled 
3l  paper  out  of  j^is  pocket,  and  gave  it  me  to 
read  the  latter  part  of  it. 

Scrrj.  FengiU}f.  Can  you  remember  what  it 
coiitained  ? 

l.tfHch.  I  liememher  some  lines  of  it  ;  which 
was,  in  general,  to  invite  the  nation  tn  an  in- 
surrection, aud  to  shake  ofl*  the  calamities  and 
miseries  they  endured  under  the  present  minii* 
try.  And  it  was  mentiiined  in  the  said  (lapery 
that  the  earl  of  Ciidogan  was  actually  in  their 
custody;  thpreby  encouriiging the  army  to  re* 
volt,  with  an  o^ltr  of  three  guineas  to  every 
horseman  aod  siirjcant,  and  two  guineas  to 
every  corporal,  and  one  guinea  In  every  com- 
mon solflier,  to  be  paid  immediately  on  their 
joinittg  the  party,  and  a  promise  of  farther  pre- 
ferment. 

Att  Ci'fi.  Did  you  read  this? 

Lynch,  1  did,  out  of  the  paper  in  Mr.  Layer'* 
hand. 

An,  Gen.  Doyou  know  whose  band -writing 
it  was  ? 

Lynch,  .\ccordingfo  ourdiKOurtf,  Itbougbl 
it  might  be  bis  writing. 


1 

i 

I 


I 


1711  0  GEORGE  I. 

L.  C.  J.  Bill  he  profluced  it  ?* 

I^nek.  Ym,  my  lord,  he  produced  it. 

L.  C.  J.  You  Mj  yon  inia^^ine,  from 
discoume  between  you,  thftt  it  was  his  hand- 
wntini( ;  wimt  ret^on  wa^  there  id  all  liis  dit- 
coune,  thit  induced  vou  to  think  to? 
'  L^nck.  He  Ulkerlot'  it  ss  being  of  bis  own 
miking;  beftides,  there  were  several  interlinea- 
tiPM,  dathing;9-out,  and  intirlineations  after- 
wardn.  He  wan  very  well  fati^fietl  and  easy 
■•  to  me,  and  mid,  be  could  wish  that  he  could 
Mng  matten  abont  so,  as  that  I  could  have 
the  sole  direction  of  seizinir  "ome  of  the  minia- 
try,  and  naroelv,  my  lord  Towoahcnd,  my  lord 
Carteret,  and  Mr.  Walpole. 

Att.Gen.  Was  there  any  diicoursa  about 
Misiu^  the  king  ? 

Lynch.  He  aoid,  when  the  detifpi  was  put 
in  execution,  the  army  would  declare  in  their 
favour,  and  thry  would  send  a  strong  guard  to 
lake  care  of  the  king's  person. 

Att.  Gen.  How  to  take  care  of  the  king's 
person  ?  What  was  you  to  do  P 

l^ch.  Nothing  out  to  secure  the  king's 
person ;  by  what  lie  told  me,  it  was  for  the 
public  good  of  the  kingdom ;  that  they  did 
not  mean,  nor  had  they  any  design  on  the 
king's  person,  but  only  to  keep  him  insecurity 
from  any  insult 

Att.  (ten.  What  more  passed  at  that  time  ? 

J^nch,  Nothing  more  in  particular. 

Att.  Gen.  Had  you  any  talk  relating  to  the 
arany  P 

I^nek.  I  said  before  what  related  to  the 
army. 

Herj.  Pengeliy,  Was  there  any  discourse 
tbout  a  scheme  or  plan  ? 

L^nch.  He  told  lue  there  was  a  scheme  laid 
rni  that  foot,  of  which  I  told  you  the  first  step 
was  to  seize  the  earl  of  Cadogan,  and  then, 
aoconling  as  the  army  came  over,  to  take  care 
nnd  seize  the  king's  person ;  and  he  thought 
the  proper  time  to  put  this  in  execution,  would 
be  at  the  rising  of  llie  camp  in  Hyde-  PSrk. 

8erj.  Pengelly.  Was  there  any  objection  to 
be  made  to  this  T 

Lynch.  No;  I  made  no  objpctk>n,  only 
Ihcwcd  my  uneasiness  at  the  long  delay. 

Sen.  Pengelly.  When  you  so  expressed  yoor 
aneasiness,  what  di<l  he  say  P 

I^nch.  He  told  me,  if  I  could  think  or  pro* 

rany  thing  more  proper,  that  I  should  do 
AfWr  that  we  rode  towani  Bpping,  and 
weut  to  my  lord  North  and  Grey's ;  and  there 
Mr.  I^yrr  introduced  me  as  his  friend.  We 
•laid  there  all  night,  and  dined  there  the  next 
day.  In  the  evening  vre  came  away,  in  com- 
pany with  another  gentleman  that  I  did  not 
know;  but  we  talk«l  on  the  road  about  the 

*  As  to  the  admiiCMbility  of  this  parole  testi- 
mont  of  the  contents  of  writing,  see  in  Leach, 
the  t'asc  of  the  King  against  Aicfcles,  Old 
U^ilev,  January  1784,  anilthoae  of  Le  Bler- 
rhan«i,  I>ecember  177S,  in  Scac.  and  of  Cosin* 
QfftlMi.  OU  Bttley.  September  1784,  wbich 
Mr.  LMcb  caiM  in  A  Nm  to  Rtf  V.  "^* 


Trial  of  Chrititffher  Layer, 


[178 


siioation  of  my  lord's  hoose ;  and  Air.  Layer 
told  Die  be  bad  recommended  me  to  his  kicd- 
ship  as  his  partkalarfriendy  and  asked  me  bow 
I  liked  him. 

Serj.  Pengelly,  Did  he  ask  yoo  any  qoes* 
tionsi*  Do  you  remember  what  he  called  his 
lonlship  ? 

Lynch,  I  do  not  remember  any  other  naoM 
but  loj  lord. 

8er|.  PtngcUy.  When  be  asked  year  api- 
nion  of  him,  and  how  yon  liked  bio,  didna 
describe  him  in  any  oUier  manner,  or  aniy 
called  him  my  lord  ? 

Lynch.  He  only  called  him  my  lord  NaiA 
and  Grey  ;  he  only  asked  me  how  I  Uked  my 
lord  North  and  Grey. 

Serj.  PengtUy.  Liked  his  kirdsbip,  for  what? 

Lynch,  That  was  all. 

Mr.  Reeve.  Had  you  any  talk  with  bim 
abont  the  person  that  was  to  have  the  chief 
command  ? 

Lynch.  Yes;  but  he  never  named  tba 
person. 

Mr.  Wett.  Had  yon  nerer  any  discooraa 
who  was  to  command  the  party  that  was  tn 
seize  my  lord  Cadogan  P 

Lynch.  I  waste  command  that  partj. 

Mr.  Wat.  Was  you  any  other  time  at  BJ 
lord  North  and  Grey's  ? 

Lynch.  Yes;  another  time  I  went  to  my 
k>rd*^  North  and  Grev's,  where  1  found  Mr. 
Layer,  and  expresred  to  Mr.  Layer  the  naaa-- 
siness  J  was  in  at  the  long  delay,  and  that  1  was 
afraid  onr  hopes  would  vanish ;  and  toM  hin. 
if  things  were  not  soon  put  in  executiooi  I 
would  withdraw  myself.  Mr.  Layer  bid  na 
not  to  be  uneasy,  things  roi^ht  perhaps  Is 
sooner  put  in  execution  than  I  imagined. 

Mr.  West.  Where  was  thisP 

Lynch.  At  Epping,  at  my  lord  North  and 
Grej's. 

Mr.  Wett.  Did  yon  oome  home  together  f 

Lynch.  No ;  I  came  home  that  night :  Mr. 
Layer  remained  there. 

Serj.  PengtUy.  Did  yon  sea  him  some  time 
afterwards  P  ' 

Lynch.  I  met  him  at  his  own  honse,  where 
I  expressing  my  uneasiness  as  foroM^y,  ha 
said,  I  should  not  be  uneasy,  for  things  waaM 
soon  take  effect ;  and  bid  me  get  myself  ready 
to  execute  my  design ;  becanse  they  had  notiea 
the  camp  would  soon  break  np,  which  waa  tha 
time  designed  to  put  things  in  executkm.  And 
at  another  time  he  told  me,  that  the  declaration 
which  be  had  shewn  me  at  the  Green  Man, 
had  mentioned  no  particular  peiwns,  but  In 
general  the  safety  and  public  good  of  the 
kingilom  ;  there  was  nothmg  mentioned  of  tha 
Pretender  in  it,  but  that  he  had  thought  fit  la 
put  it  now  in  the  Pretender's  name. 

Serj.  Pengelly.  Who  was  you  to  reeeifn 
your  particular  orders  from,  for  the  ezecating 
yoiir  design  P 

Lynch.  From  that  nobleman,  who  was  In 
act  as  general  in  this  aHair.  ' 

Sen.  Pengelly.  Did  yon  nercr  hear 
Mr.  Layir  who  ibai  was  r 


Jbr  High  TreasoH*  ^l 

^fmch*  Kit ;  I  ilonH  i^ecollect  \\e  ivas  ever 
MM  hy  Mr«  LMrer ;  Ua  told  me,  ifml  tlie 
MwKliiiii  wJks  ftUerwftrds  put  to  the  nnone  of 
itfyiMder. 

9m,  Pemgciiy,  Wbat  was  it  lie  recom- 
mmim  yom  to  my  lord  North  anc)  Grey  for? 

ifmtM,  lie  rcc commended  lue  to  hiui  aa  otie 
tf  lis  fMfticulikr  Jiteiulj, 

Scij.  Pengciiy,  What  discourse  had  yoii  at 

We   talk^   iorlifferently ;   we  dis- 

\wMhuif^  of  til e  revolution  at  that  time : 

e  tie  bad  girtn  tlie  dtwlaratjoQ  to  a 

miniater  to  ^t    printod,    aud   had 

^10  guineas  for  that  purpose, 

Crcm.  Was  you  acqyaiDteil  before  with 

i  NeKb  and  Grey  ? 

No ;  be  introduced  me  as  one  of  his 

htjJ[ire>    Did    you  koow  when  Blr. 
I  QTkl  taken  up  ? — hynck.  Yet}, 
.  Chahire,    Iloir  long  before  that  bad 
m  with  him  f 
i^zk*    1  cannot  recollect  the  time.     I  6rst 
tfTiiiie  ac«)u«inted  with  Mr.  Layer  abuut  June, 
iimtj,  C^ishire.    H'htit  passed  the  last  time 
%apit  «r«a  w'ab  him,  belbre  he  was  taken  up  ? 
If  M  there  any  particular  conference  between 
y9tkf 
J^fmeA,  I  told  you  about  tbe  declaration^  ami 
iDy   uoea»inefl9«   aod  that  he   tuld  me 
I  wiMild  succeed  sooner  than  I  thought  for. 
.  CheUure*  When  you  exprested  your 
~- —    did  he  use  any  vehemence  o<  ex* 
i  to  what  part  he  would  act  ? 
X^nth,  He  told  me  seT«^ral  times,  when  I 
mmM  «•  irresolute  and  uneasy,  saith  be^  don't 
^■t  ^  iioeasy  ;  rather  than  all  should  fail,  I 
wilt  siir  tip  and  be  a  second  Mn^Ninello. 

ilr.  If  etf.  Had  you  any  conversation  about 
Iheiakirt^  up  of  any  person  ? 

htftuA,  He  only  told  me  at  that  time,  that 
if  the  nobleman  at  the  bead  of  affaire  should 
be  Uken  up,  every  thin^  wouhl  be  (]ua«hed. 

IJerj,   /V/T£f/(v.    That    nobleuran   was   not 
iMLfO  yp  at  ttmt  time  then  ? 
Jjfmdi^     No. 

hlety  Pen^tfly*  What  recommendation  bad 
j&m  to  my  lord  Noith  aod  Grey  ? 

t^mck'  tliily  as  a  friend  of  i!hlr*  Layer 'a^  to 
|eia  awm\^  tl^c  time  iu  summer, 

Mr  -V</.  I  presume  they  have  done 

%ilfc  w  ^    evideuee,  which  ihey  intend, 

d  mk\  nv^itfict  in   the  couirty  ol'  iSssex  ;  if 
ii^  baie^,  I  would  cmve  tbe  liberty  m  ob* 

^m^  Ftn^eli^.   We  liave  not  done ;  if  yon 

«ny  tbmjf  lo  ob:»erve,  it  must  be  when  we 

fTOike  ihrou|^h  our  evidence. 

JL  C.  J.    U'hen  they  have  given   all  their 

ce,  tlu'ii    will    be  your  projier  time  to 

lo  the  evidence,  and  lo  shew  whether 

i&  cnmpfteiU  or  no. 

Mr.  Hun^crjord.  I  do  not  press  to  make  any 

rks  upon   their  whole  evidence;    but  if 

kave  uivcn  all  the  evidence  ibey  intend  tf> 

ife  of  any  ^erl-act  in  Essex,  for  oo  that 


A.  D.  172f. 


[174 


depends  the  fate  of  this  gentleman  at  the  bar, 
1  hope  we  are  now  (before  they  shall  be  per* 
m  it  ted  to  give  evidence  ot  any  farther  overt- 
act  of  treason  in  sinother  cojiniy)  at  hbeiiy  lo 
oljject,  that  tbe  transaction  in  Ezi^ex  is  nut  aA 
overt-act  at  ail  of  the  high-treasou  laid  in  this 
Indictment. 

SoL  Gen,  We  ba? e  not  done :  when  we 
have  given  our  evidence  then  it  will  be  proper 
for  them  to  make  their  objections  to  the  whole. 

Mr.  UungcrjWd,  i  humbly  otfer  it  to  yimr 
lordshipV  consideration,  whether  it  is  ri|»h| 
and  proper  to  go  on  in  such  a  method,  and  t<» 
take  up  tbe  time  of  tlie  Court,  when  tbe  ^^w* 
tlemen  on  tbe  other  side  say,  tbey  have  duno 
with  giving  evidence  as  to  any  overt-act  in  the 
county  of  "Essex. 

$oL  Gen,  No  ;  we  have  not  done  with  that 
evidence. 

Mr,  Ketclhty,  I  don't  know  whether  your 
lordship  will  indulge  us  to  ask  tbe  witness  « 
question  or  two  now. 

L,  C.  J,  Propose  your  quest! onst  ^nd  wo 
will  tell  you, 

Mi\  Keteibey.  Whether  be  bath  any  ofifer  of 
pardon  proposed  to  him  to  induce  hint  lo  ffivo 
evideotoe  against  the  prisoner  at  the  bar ;  which 
if  be  bath,  we  apprehend^  will  invalidate  hia 
eFidencc. 

LyucL  No,  Sir ;  I  have  no  promise  of 
parduD  at  all :  i  only  do  this  out  of  justice,  to 
make  what  reparation  1  can,  and  to  aave  the 
blood  of  many  people. 

Mr.  Keteibey,  I  be^  leave  to  ask  htm  a  feir 
more  ques lions.  I  thmk  you  say  the  Grst  timf 
you  were  introduced  into  this  gentleman's 
company,  the  prisoner  at  tbe  bar  was  at  tbe 
Griffin- tavern  iu  Uolborn,  and  that  be  then 
told  you  he  bad  great  desig-ns  in  band;  and 
that  'there  was  an  insurrection  designed,  and 
they  wanted  a  person  of  resolution  to  seine  & 
general :  this,  you  say,  wa^  the  fir^t  time  thai 
ever  you  saw  the  prisoner  at  the  bar*  How 
came  you  to  have  toat  share  of  confidence  in  m 
man  that  you  never  saw  before  c* 

Lynch*  I  told  you  1  was  iu  discourse  witlt 
Dr.  Murpbey  a  g:reat  many  days  and  weeks 
before  1  saw  Mr.  Layers  I  told  you  how 
every  day  I  i^a^v  him,  and  always  discuursed 
about  the  insurrectioUf  aud  how  he  told  me 
then,  that  be  would  recommend  me  lo  a  man 
tlial  had  the  mana<sremeut  of  the  greatest  part 
in  this  affair  ;  and  1  asked  every  day  when  f 
fih^uld  be  introduced  to  him :  he  told  me,  the 
time  was  not  come  yet;  but  when  it  was  a 
proper  time,  he  would  introduce  me, 

Mr.  KcUibet/.  I  think  you  jfive  that  for  a 
reason,  why  you  bad  that  contideoce  in  biui, 
because  you  bad  been  recommended  by  one 
Dr.  Murpliey.  How  came  you  tri  have  that 
mio^hly  dependance  on  Dr  Murpbey  ? 

L\/itch.  Because  Dr.  Murpbey  and  I  bad 
been  accpiainted  several  years  ago. 

Mr.  Ktielbfjf,  I  hope  you  waa  not  in  thy 
wicked  design  with  Dr.  Murpbey,  and  §6 
much  acquainted,  as  to  recommend  you  in  • 
case  of  treason* 


175] 


9  GEOKGE  t 


Lynch,  There  was  a  oomiaoD  ffieodship 
between  at. 

Mr.  Ketdkey,  How  came  be  to  trott  jou  ? 
Would  yoa  have  trusted  him  in  a  bosiness  of 
treasoar 

Lynch.  We  have  been  concerned  io  aflairs 
togfrtber. 

Mr.  Kettlkey.  How  long  was  yon  al  the 
Green  Man  wiih  Mr.  Layer  ? 

Lwk,  1  cannot  say  exactly  the  time. 

Mr.  Keteibey.  I  don*t  ask  yoi^  exactly  to  a 
minute  or  two ;  but  was  yon  there  an'honr, 
or  two,  or  three  hours  ? 

Lym€h,  I  cannot  say  whether  we  were  there 
an  hour  or  two ;  but  we  had  something  dressed 
lor  dinner,  and  the  matter  was  discoursed  of  by 
us  before  dinner. 

Mr.  Ketelbey,  When  yon  first  alighted  from 
your  horses,  what  room  was  yon  shewn  into? 

Lynch.  We  were  shewn  into  a  room  op  one 
pair  of  stairs  on  the  right  hand,  the  first  room. 

3Ir.  KeUlbey.  Was  it  towards  the  street  or 
backwards? 

Lynch.  It  looked  into  the  common  road. 

Mr.  Keulbey.  Did  you  look  out  of  the 
window  and  see  a  person  of  vonr  acquaintance  ? 

Lynch.  I  saw  two  gentlemen,  but  dkl  not 
know  them. 

Mr.  Ketelbey.  Did  you  not  look  out  of  the 
window,  and  say,  you  saw  a  gentleman  of  your 
acquaintance  f 

Lynch.  I  said  I  saw  two  gentlemen  that  I 
thou^t  I  had  seen  before. 

Mr.  Keieibey.  Did  not  you  go  down  to  those 
gentlemen? 

Lynch.  No,  I  did  not  go  down  to  them. 

M  r.  Ketelbey.  Did  not  you  go  down  to  them  ? 

Lynch.  No.  % 

Mr.  Keielbew.  Did  not  you  sav  so  to  Mr. 
Layer,  in  the  Jrawer's  presence  P — t^nch.  No. 

PriMmer,  Did  you  not'  tell  me  that  those 
gentlemen  were  your  acquaintance? 

Lynch.  I  told  you  those  two  gentlemen  I 
had  seen  before. 

Prisoner.  How  lonff  were  we  together  at  the 
Green  Man  ?    Were  the  horses  put  up,  or  cwt  ? 

XryncA.  I  cannot  tell. 

Frmmer.  Was  there  any  thing  dressed  for 
our  dinner  but  a  beef-steak  ? 

Lynch.  No,  nothing  else. 

Prisoner.  Did  not  you  go  down  stairs,  pre- 
tending ?ou  went  to  those  geutlemen  ? 

L^nch.  No,  I  did  not  tell  you  I  went  to 
those  gentlemen. 

Prisoner.  Did  you  not  «*o  downstairs? 

Lynch.  Yes,  I  did,  and  came  up  again 
immediately. 

Prisoner.  Was  noi  dinner  on  table  when  you 
came  up  again? 

Lynch.  I  went  down  twice  before  dioner. 

Prisoner.  Then  you  must  consequently  le^re 
mein  the  room. 

lAinch.  I  went  down  to  make  water. 
,  Priaomer,  What  did  yon  go  down  the  second 
^~i  for? 


ymek.  Outof 


^yt'wsi..  How  long  did  you  staj 


Trial  of  Cairutcpher  Layer,      ^  [170 

Lynch.  Not  both  times  above  two  minotea. 

Prisoner.  1  was  then  aloae,  when  you  went 
down?~LyncA.  Yes. 

Prisoner.  Was  this  discourse  before  or  uAer 
dinner? 

Lynch.  It  was  before  dinner. 

Prisoner.  When  yon  came  up  the  second 
time,  w  as  not  dinner  on  the  table  ? 

Lynch.  It  waa  come  np. 

Prisoner.  And  yet  the  discourse  we  had  was 
before  dinner? 

Lynch.  Yes«  it  was  before  dinner. 

Prisoner.  How  mudrtime  might  we  spend 
before  dinner,  half  an  hour  or  an  hour  ? 

Lynch.  ]  do  not  remember,  but  it  waaa  good 

Prisoner.  Was  not  thfe  double  barrel  gun  in 
the  room? 

Lynch.  1  do  not  knbw  whether  it  waa  there, 
or  whether  your  servant  had  it.    « 

Prisoner,  At  the  time  of  dinner  was  mj  ser* 
vant,  or  drawer,  in  the  room  ? 

Lynch.  Neither  of  them  was  in  the  mom. 

Prisoner.  You  say  we  were  a  good  i»hi!e» 
you  and  1,  alone ;   pray,  bow  long? 

Sfnch.  I  cannot  say  positively  how  long, 
r.  Hungetford.   Have  yon  any  copy  of 
that  part  of  the  paper  he  gave  you  to  rend,  and 
whicn  you  read  ? — Lynch.  No. 
Mr.  uungaford.  Was  the  whole  of  it  of  any 


jnch.  To  the  best  of  my  remembrance  it 
was'a  oomoion  sheet  of  psper*. 

Mr.  Uungcfford.  Did  yon  read  the  whole  F 

Lynch.  No ;  he  doubled  it  down^aBd  gave 
me  the  latter  put  of  it  to  read.* 

Mr.  KeUibey.  Some  things  yon  seem  to  re* 
member,  and  some  thiogs  you  do  not  ra> 
member:  was  it  printed,  or  written  ? 

LmcH.  It  was  written. 

Mr.  Ketelbey.  Did  he  not  mention  it  to  be 
the  prince  of  Orange's  declaration  ? 

iynch.  No,  he  did  not. 

prisoner.  Was  not  the  paper  blotted  ?  ' 

Lynch.  lu  that  I  saw  there  were  two  or  three 
places  iotcrliued. 

Mr.  Hungerf'ord.  My  lord,  I  thiidc  the  gen- 
tlemen did  say  they  had  not  done  with  their 
evidence,  with  relation  to  an  overt- act  in  Essex ; 
if  they  have  not,  thev  will  do  well  to  go  on  no\« : 
but  we  hope  they  shall  not  go  into  overt- acts 
committe<l  io  any  other  county,  till  they  make 
the  whole  of  their  proolii  of  an  overt- act  in 
Essex. 

L.  C.  J.  You  have  been  told,  thet  shouUl 
proceed  in  their  own  method,  aud  wiien  they 
have  done,  you  may  make  wliat  observatiottS 
may  be  of  service  to  votir  client 

Mr.  Hungcrj\»rd.  delations  offset  arisinfr  in 
another  couuty,  which  have  no  reUtion  to  the 
fact  arising  in  E^tex,  we  hope  tliry  shall  not 
go  into,  to  amuse  or  captivate  the  jury,  llw 
court  and  the  auditory. 

L.  C.  J.  Sure  never  any  thing  waa  like  this! 

•  See  Attorney  General  v.  Le  Merchant. «  T. 
Rep.  ^00. 


IT7J        '  Jhf  High  Treason. 

^  UkmM"  pr^iftce  to  give  directions,  anil  we 

'  Ibnik  it  not  proper  to  interrupt  ibe  kind's  «oun- 

irf»  but  ihst  they  should  jiroceed  in  their  owo 

Mbod :    you  shull  be  heard  as  long'  as  yon 

lietse^  whin  yoo  come  to  mmke  your  observa- 

StL  Gem,  The  prisoner  bath  a  right  to  say 
mf  Mai^  tlial  is  proper  lo  the  court  aiir)  tbe 
jvjr.ift  m«  «leftff>cc,  but  he  must  s«y  it  openly ; 
te  IS  iMt  ta  talk  prJTaiely  with  tbe  jury  ; 
llmfk  I  •m  sure  they  are  genii  em  en  of  so 
pHi  vortti  titid  lionour  as  not  to  l»e  influenced. 

4ir*  Om.  I  dare  say  the  jury  will  not  Ut*in- 
1 ;  but  be  tslks  rif  his  con  rise)  so  loiid^  that 


A«  JBry  may  easily  bear  every  word  he  says, 
h  C,J.  He  mUHi  not  ^penk  no  hiuL 
dt$*  Oen.  1  just  no^v  bf-nrd  biin  say.  It  was 
Itnmgb  %i»  fs*>  on  wilb  <^tiden('e  that  vvould  not 
kftatW  purpose,  I  lieHrd  him,  as  I  E^tbere; 
kltaM  fieny  it  if  he  cau. 

LC  J    I  b*»pe  you  will  not  offer  any  thing 
afllMkio4l«  Mr,  Layer:   you  have  a'riifht  to 
^mmurmB  with  your  couusd,   IhiI  you  must  do 
ilia  •neb  m  manner  at  ibe  jury  may  not  tiear. 

Mr.  Hun^aj'ord.  Indeed,  ray  Inrd,  be  iliall 
kt9p  no  •ocvirragefnent  from  u»  tor  any  such 

Matthew  Flunkett  sworn. 

6lf|,  Chetk,  Tell  my  lord  and  tbe  jury,  whe- 
tfwr  Ifoti  kof>w  I  he  pririoner  at  the  hnr, 
pfmmkAi.  Yt«,  I  do  know  bim. 
8ir|.  C^^    Win  you  tell  my  lord  and  the 
jury  upon  what  account  and  by  whose  meaosi 
y%Hi  fir^l  became  acquamled  ? 

i*tunkfii.  One  majiir  Barn e well  brought  me 
firai  aCi^uamted  with  Mr.  Layer;  he  had  an 
eatioo  in  his  house  in  Great  Queen  i^lreet, 
tliw  m^jor  Uarnewell  eume  to  me,  and  de* 
i»c  to  g-et  a  couple  of  grenadiers.  I 
lit  him  two;  we  went  to  Mr.  Laver^s 
,  moct  his  clefk  let  us  in  at  the  hack  door, 
«i4tlie  grmattien  turneil  the  officers  out,  and 
Mr.  Uayer  gate  them  a  crowji^  aud  a  glaj»B  ul' 


IWrj.  Ch€%h.  Wheo  was  this? 
Pimnkttt*  Ab  Dear  as  I  can  g^uess,  it  is  going 
OQgf^Ye  years, 

8rrf.  Cheih,  Tell  my  lord  and  the  jury  what 
mmMh  to  this  last  year  yoa  renewed  the  ac- 
fmtfimncje^  and  who  brougUt  yon  to  him  P 

^hgmkUt.  The  next  acquaintance  1  had  al^ 
l»«m!t^  was  by  major  Barnewell,  who  was 
■>iiani»  and  he  sent  mc  with  a  letter  tu  bis 
Imt,  t«^  ftc»ire  him  to  rehevehim.. 

$m}.  Chfih.  Do  you  know  any  thing  of  one 
lm»  Piunkeuf 

%keit.  Yes  -,  he  came  lo  me  from  Mr. 
July  last,  to  desire  me  lo  m*'«t  him  ; 
this  counsellor  Layer  and  this  James 
Ploiikvtt  came  acquamtr^d  I  do  not  know. 
Seij.  C^cfA.  What  was  he f 
Fiiitkeii,    I  don't  know  what  he  is;  htsia 
MiuiliWil  «rfth  Mr,  Laver. 
9tf}r  ChaL  What  pnifession  is  heof  ? 
Ptmnkeii.  I  doaH  know  ;  nor  how  he  hfm, 
m  C^la  his  bread. 
VOL.  XVL 


A,D.  1722.  [178 

L,  C.  X  Go  on. 

Flunkett,  Mr,  Layer  paid  the  charges  for 
major  Barnewcll,  and'  brought  him  out  of  lh« 
MarJibalsea. 
Mr.  Ree^e,  liow  long  was  this  ago? 
Flunkett,    To  the  best  of  my  knowledge 
four  years  ago. 

Mr.  R€€V€*  He  ta  giving  an  account  how  he 
came  to  be  acquainted  with  Mr.  Layer;  the 
first  lime  was  upon  the  account  of  rescuing 
Mr.  Layer's  goods;  the  other  time  was  by  Mr, 
Layer's  retleeming  major  Barnewell  out  of  the 
Marshalst  a,  and  paying  his  dtbt  t  Give  an  ac- 
count bow  you  came  last  acquainteil  wilh  bim. 
Fhtnkrit.    1   being  at   home,  in  my  owu 

room 

Mr,  Ji^^pe,  How  long  ago  f 
Flunkett,  I  beheve,  as  near  as  I  can  guei% 
it  was  last  July. 

Mr.  Reeve.  Gife  an  account  of  what  hap- 
peneti  Ihen. 

Flunkett,  Now  this  Jamea  Plunk ett  came 
into  my  ronm,  ^t  dowu,  and  be  a^ked  me  how 
1  did,  and  said,  he  was  glad  to  see  me  ;  and  be 
asked  me,  are  you  nut  well  acquainted  in  the 
army  ?  Yes,  saith  I,  1  kuuw  a  great  many  in 
tbe  army,  both  officers  and  common  soldiers* 
Doyou  know,  sailh  he,  any  of  the  Serjeants  of 
the  guards?  i  know  some  of  them,  said  l« 
He  brought  me  out  of  the  room»  becauise  my 
wife  was  there,  and  then  he  opened  his  mind 
to  me :  Saith  he,  do  you  know  one  Mr,  Layer  * 
(I  hid  forgoi  ihe  gentleman,  being  ao  slightly 
acquainted  nil h  hmi ;)  No,  saith  1,  I  don't 
know  iiim.  No  matter,  sniib  be,  1  have  ap- 
pointed a  place  tor  you  to  oieet  lilm  at,  at  the 
Italian  coffee  house  in  Uoi^e^ court;  and  at 
tbe  end  of  lifts,  Mr.  Plunkett  ajtked  me  to  keep 
corresponilence  with  thena  for  the  Frelender*a 
service.  1  did  not.gtt  to  tbe  Italian  coflTee- 
boDsei  not  being  in  a  proper  static n,  nor  having 
money  for  that  purpo^^  i  So  I  did  not  think 
proper  to  go  to  the  Italinn  coffee-house ;  but 
tlie  Sunday  following  I  went  to  Si,  Andrew^a 
church,  and  meeting  with  some  friends,  ihey 
told  me  Dfr  Sacheverel  preached  there ;  and  so 
they  decoyed  me  to  go  aud  hear  fiint  preach 
there.  Whea  service  was  over,  to  the  b*M  of 
my  knowledge,  as  I  was  going  home,  between 
itiVlfe  and  one  o'clock,  I  met  ^Ir.  Layei*  acci- 
denlallv  in  Liucotn^8-inn>fictd» ;  Mr*  I^yer 
he  looKed  at  me,  be  was  really  a  perfect 
stranger  to  me,  lor  J  did  not  know  hitti  again  ; 
saith  he,  is  not  your  name  Piujiketl  f  V«> 
satih  L  Was  there  not  one  with  yon,  the  other 
niirht,  one  James  Plunkett?  Yes,  !::iir,  aaya  K 
Where  did  he  desire  you  to  goT  said  he.  I 
answered,  be  desired  me  to  go  to  the  Jtaltan 
cofTee^  house  in  Hussel-court.  Saith  he,  it  is 
well  enough  :  Do  you  not  know  the  ?  No,  saith 
L  you  have  the  advantage  of  me  ;  I  ask  your 
pardoo,  for  1  don't  remember  you,  l5on*t 
you  remember  one  Layer  ?  said  he.  Thea  I 
called  to  mind  that  1  knew  the  gentleman. 
Salih  he^  will  you  walk  on  this  side?  1  walked 
buck  again  towards  Little  Tarn -Stile,  and  we 
struck  up  the  wall'tide,  aad  juat  as  wt  can* 
N 


i 


179J 


9  GEORGE  I. 


Trial  of  Christopher  Layer, 


[180 


uniler  a  great  coach-house  g^te-way,  we  went 
in,  and  in  the  g^te-way  he  talked  to  roe  ;  saith 
he,  1  am  told  that  you  are  a  very  honest  man, 
and  well  affected  so  and  so. 

Mr.  Afeve.    Well-affected,  to  whom  ? 

Plunkett,  Well-affected  as  to  the  business 
of  the  Pretender.  At  the  same  time  we  had 
this  talk,  he  bid  me  not  mention  it  to  James 
Pluiikett,  that  I  had  seen  him :  Then  he  asked 
roe  if  I  knew  any  of  the  Serjeants  in  the  guards; 
for,  saith  he,  f  want  such  old  soldiers  as  you 
are  yourself,  that  could  discipline  a  mob,  for 
we  hare  other  men  enouf^h  amonfirst  us ;  but  if 
we  could  get  some  old  soldiers,  if  that  could  be 
managed,  tliey  wonid  be  iinel3f  rewarded. 
But,  Sir,  saith  I,  the  Pretender  is  a  Papist. 
8aith  he,  what  difference  is  there  between  a 
Papist  king,  and  a  Lutheran  king? 

Mr.  Reeve,  Hejiaid  he  wante«T  such  old  sol- 
diers as  you  ;  for  what  ? 

Plunkett,  He  wanted  them  to  discipline  a 
mob,  and  to  put  them  in  order.  Then  we 
bc^n  to  reason  about  the  Pretender;  why, 
saiih  he,  we  had  as  good  have  a  Papist  for  our 
king  as  a  Lutheran. 

Seij.  Cheshire.  What  did  you  object? 

Plunkett,  I  said  be  was  a  Papist.  Bajrs  he, 
we  had  as  good  bare  a  Papist  tor  our  king,  as 
to  have  a  Lutheran,  I  don't  know  what  dif- 
ference there  is ;  but  as  it  was,  the  nation  was 
enslaved,  and  the  people  were  obliged  to  be 
slaves.  I  asked  him.  Sir,  who  is  the  promoter 
of  this,  that  may  join  us  f  You  see,  says  he, 
what  iujustice  is  done  to  yon,  you  have  served 
abroad,  and  others  are  nut  over  your  head ; 
you  have  had  and  founa  great  hardships.  I 
Aflked  him  who  promotcxi  this?  He  said,  the 
lord  North  and  Grey.  Says  I,  he  is  a  peer  of 
the  realm.  Saith  he,  he  is  a  6ne  general. 
And  tl  e  earl  of  Strafford  he  mentioned. 

Mr.  Reeve.  Who  did  hcsay  was  a  fine  ge- 
neral? 

Ptun,  He  said  my  loni  North  and  Grey  was 
a  fine  general ;  and  asked  me  what  1  thought 
of  him?  I  said,  I  had  never  been  under  nis 
command,  but  I  looked  u|K)n  bim'  to  be  a  grest 
man,  and  one  of  tlie  peers  of  the  land.  And 
then  he  meDtione<l  my  loni  Strafford,  what  do 
you  tbink  of  bim  ?  To  which  I  made  the  like- 
an<:wer.  And  what  do  you  think  of  general 
Primrose  ?  I  said,  I  had  lately  seen  lim  at 
Chelsea,  passing  by  in  his  coach,  but  that  he 
was  an  old  man  ;  however,  Mr.  Layer  said  he 
was  a  brave  general.  Then  he  asked  me  what 
I  thoiicrht  of  general  Webb  ?  I  said  1  bad  beard 
of  his  fame. 

Serj.  Feng.  When  he  had  said  my  lord 
North  and  Grey  was  a  fine  general,  and  when 
you  asked  who  promoted  it,  whether  did  Mr. 
Lsyer  tell  you  what  their  design  was  to  do  ? 
When  Mr.  Layer  asked  you  what  do  you  tliink 
of  t!ii4  person  and  the  other  pfrson,  what  were 
tliey  to  do  ?—Plun.  To  raise  a  rebellion. 

Serj.  Peng.  Was  that  talked  of  that  ikutt 

Ptun.  Not  at  that  time. 

L.  C.  J.  You  say  he  wantml  such  cJd  Ml' 
difcn;aayoa;  forwhatpurpoM?  Ya!i.i^>| 


wanted  them  to  discipline  a  moh,  and  pat  it  io 
order  ? — Plun.  Yes,  my  lord. 

L,  C.  J.  Did  he  tell  you  how  many  he 
wanted  ?  * 

Plun,  No;  he  did  not  say  how  many. 

Serj.  Chr.$h.  War:  there  any  thing  said  about 
their  names  at  that  time  ? 

Plun.  Mr.  Layer  would  have  roe  take  a  list 
of  their  names,  and  to  enrol  them,  that  tbey 
might  know  where  they  lodged,  and  where 
they  quartered  ;  that  so  when  he  wanted  tbcBi 
he  might  send  for  them  to  be  in  readiness. 

Serj.  Cheth,  Was  there  any  number  he  etked 
you  the  names  of? 

Plun.  I  said,  1  knew  a  great  many,  and  that 
I  could  get  25.  Saith  he,  you  ought  to  have  a 
list  of  their  names,  where  they  lodge,  thai  tbey 
may  be  in  readiness  for  a  call :  and  aaith  be. 
This  would  have  gone  on  some  time -ago,  only 
somebody  made  discovery  of  it  to  the  French 
ambassador,  and  he  wrote  to  the  regent,  end  so 
it  was  dbcovered  to  the  king :  and  saith  be^ 
The  duke  of  Onnond  was  to  come  in  one  ship, 
and  general  Dillon  in  another,  and  thev  would 
bring  their  numbers  with  them  ;  and  then  I 
should  see  that  the  army  would  not  oppose 
them.  And  when  I  parted  from  bim,  be  gave 
me  half  a  crown  to  drink. 

Serj.  Chesh.  What  was  that  to  do? 

Plun.  It  was  to  encourage  me.  And  he 
said  he  would  send  a  messenger  to  me ;  and  in 
a  day  or  two  afterwards  there  came  a  mes- 
senger from  him :  1  was  not  at  home,  but  be 
spoke  with  my- wife. 

Serj.  Chesh.  Who  was  that? 

Plun.  The  nn-juring  minister. 

Att.  Gen.  What  was  his  name  ? 

P/un.  tl  is  name  was  Jeffreys. 
-    Att.  Gen.    You  say,  you  was  not  at  bomf 
the  first  time ;  did  he  come  again  ? 

Plun.    Yes. 

Att.  Gen.  How  long  alUr? 

Plun.  A  matter  of  fi^e  or  six  days  after. 

Att.  Gen.  Did  you  see  him  ? 

Plun.    Yes,  I  saw  him. 

Att,  Gen.  What  passed  between  you  ? 

Plun.  He  asked  roe  if  1  knew  Mr.  Layer? 
I  told  him  I  did.  He  then  carried  me  to  the 
Castle  tavern  in  Drury-lane,  where  we  drank 
two  pints  of  wine,  which  he  paid  for ;  after  tlie 
non-juring  parson  toUl  me  he  came  from  Layer, 
who  gave  his  service,  and  told  roe  that  he  was 
eroployed  by  Mr.  Layer  to  go  to  such  as  I  was, 
who  were  old  seijeants,  to  get  a  parcel  tofifether 
to  discipline  citizens,  and  other  mob  in  the 
country. 

Att.  Gen.  What  farther  passed  between  yon 
and  Mr.  Jeffreys  ? 

Mr.  Ketelbey.  1  beg  leave  to  object  to  that 
question.  i 

Att.  Gen.    If  I  do  not  bring  it  home  to  Mr-  - ^ 
Layer,  it  will  signify  notfting.  •* 

L  C.  J.    Mr.  Kfitelb-«n  yon  know 
many  timea  in  i 
tionml 


f(^  High  Treason^ 


Mr.  Hmmgefford*  It  19  a  con^ant  rule,  if  a 
■ui  spemki  of  A  third  persoD-s  traiisacttons,  h 
iitenredas  DoihiD^f  qdi)  comtnoiily  stuji|ieil 
torn  hmg  gfiven  in  eviitence. 

L,(X  J,  If  ihev  be^ia  right,  tlipy  will  give 
mitmce  iti  such  ii  methtHi  as  to  he  uudemtood  : 
hf  ^edariti^  what  passed  bettvi-t?!!  him  mici 
inndkMlf  Uie  evideoce  may  be  the  bttti^'r  un- 


Wf^Miticlbey,  f  do  not  doubt  ynur  tordsbip^s 
^rectiOQ  ntrht ;    but  I  observe  this,  lest 

the  jury  should  not  take  it  right, 
C  J*     liet  Uie  evideuee  be  given  in  such 
i  may  be  imderstood  ;    what  is  m- 


lf«e« 


"for  nothing',  but  it  is  in  order  ''there, 


I  the  evidence, 
Gm.     What  paased  between  you  and 
I'Juriog  parson  at  the  Castle  tarern? 
^hm*  He  talked  to  me  of  the  same  aubject, 
*  m>o  to  get  men  in  readioeas;   he  tuld 
rizmtl  a  great  many  places  to  gfo  to  be- 
Willi  this  errand,  and  then  we  ported. 
'  lime  he  ciame  to  me,  we  went  to  im 
^  to  the  C,ock  and  Bottle  tn  the  Strand, 
be  gave  rne  half  a  ^liuea,  and  satdi 
fclft  a  tokifo  ;    Mr.  Layer  bad  sent  it  me  to 
gm  ine  encouraitement, 

Sef}.  P^ng,     At  that  time  that  Air.  Layer 
m^  he  wovdd  aend  a  messeng^cr  to  you,  did  he 
Hpotlktn  any  thini^  of  money  ? 
I^B^  Flun,  ftlr.  Layer  said  he  woqUI  send  money 
^■p  Ukm  messenger  to  me, 
|F^  JL.  C  X  You  say  he  tohJ  you,  that  he  would 
"leini  you  nnoneyby  the  measeng^erf 
Phin*  He  told  me  so. 
X»  C.  X     Afterwards  you  say,  one  came  to 
ywn  wm  from  him,  and  encouragfed  you,  and 
gmve  joti  half  a  i^uinea  ? 

Pl«ft<     He  did  :  1  am  upon  my  oath  before 
Ood  Ami  nuui,.  1  wUt  say  nothings  hut  the 


8erj*  Chrthire.  0id  yop  receif  e  any  measn^ 
from  JeflVeys  to  appoint  a  meeting  with  Mr. 
La  ver  f 

yimn*  Some  time  after wnrds  1  met  Mr. 
Ijiyer  ol  eight  uVlock,  at  the  Castle  tavern  in 
0ntry<taoe;  there  waa  the  landlord  and  Mr. 
Wyef,  who  had  two  bottles  of  wine,  and  some 
hread  and  cheese  :  he  would  have  had  me  eat, 
1m  I  tohl  him  1  could  not  eat ;  but  I  drank  ot' 
Ika  wine.  When  be  had  discounted  with  me 
itoat  the  alfair,  to  encouraj^e  me  he  ^re  me 
Kixnto  ;  I  went  cross  LincolnVino-tields,  so 
mat  home. 

Mr.  W€tt,  What  did  he  gi?e  yoo  the  crown 

Pirn.    To  eocoarage  me  to  list  men  for  the 
ftvtftider. 
Mi,  Gea.  Had  y^u  any  letter  by  the  penny 

P  Ptrnm.  That  morning  Mr.  Layer  was  goinir 
f  liBioifolh»  Flunkett  told  me  Mr.  Lover  was 
f  out  of  iowu,  atid  would  be  «ria(i  to  ste 
t  wflQl  to  Mr.  Layer,  and  hifii  hories  were 
Mr ;  he  <lesired  me  to  walk  up  t^opair 
in  Ibrwards,  ami  by  the  same  token  or- 
I  JibieiTaiit  to  charge  his  blunder busi  in 


the  room.  Saith  Mr.  Layer,  I  have  given  a 
euinea  to  the  nonjuring  minister  tn  ijive  you, 
to  do  what  service  you  can  ;  and  ^vhen  1  am 
abroad,  YOU  m&v  1^  ^nre  I  &hall  nt»t  he  idle. 

Mr.  Reeve*  XVas  any  proposal  made  to  any 
other  person  ? 

Piu'i.  I  broujibt  an  old  soli!ii?r,  uho  had 
been  in  the  service  iiKuiy  years. 

Mr.  JJffrc.  What  was  1ms  nsme? 

Pluft.  .Iiihn  Chili!  ;  I  hroii«;bt  bim,  as  think* 
iog  he  mi^bt  have  l>eeu  of  service  to  them. 

L,  C.  J  What  was  it  Mr.  Layer  said  when 
be  w  as  goint;^  int«»  the  eouutry  ? 

Flun,     He  told  me  he  would  nut  he  idle 


Serj*  Pengell^.   What  did  he  df sire  of  you  ? 

Piun.  He  desirpf!  me  to  see  and  get  what 
soldiers  1  could  Uh  bim  :  I  came  to  the  iton' 
jurinw'  minister,  and  told  him  I  had  got  *25, 
Then  Mr.  Layer  askcil  me,  why  I  did  not 
bring  a  list  of  them,  that  he  iiiit^btkncm'  where 
their  biibitations  were,  and  that  ihey  mi^ht  he 
in  reatliness  at  ibe  time.  I  disputed  with  Mr. 
Layer  what  they  wuutd  do  for  nrins  ?  N*»  fear 
ofarms,  satib  he;  arujs  will  he  provided  for 
them.  After  he  rettirrn^d  tVom  the  country  tt> 
the  towu,  this  Mr.  Flunkell  waa  the  lirsl  mes- 
senger that  was  sent  lo  me  ;  he  came  ^ind  told 
me  Mr.  Layer  was  come  to  town  ;  and  tbia 
non-juring  parson  sent  me  a  letter  by  the  penny ' 
post  i  Mr.  Child  vi3«  in  my  room  and  read  it ; 
the  contents  were,  **  Mr*  Layer  is  come  to 
town*  and  would  be  very  glai  to  see  you  :  no 
more,  but  your  bumble  servant,  William  Jef- 
freys,'*    By  this  1  knew  his  name. 

Att.  Gen,  By  this  letter  be  told  yon  Mr* 
Layer  would  be  glad  to  see  you ;  did  you  go 
to  bim  ? 

Ptun,  Yes,  1  went  to  bim. 

AtL  Gen.  Where?  To  his  own  house  f 

Ptun^  Yes,  to  his  own  house. 

An.  Gen.  What  pussed  between  ynu  and 
Mr.  Layer  at  that  time  ? 

Piun.  1  remember  at  that  time,  when  1 
came  to  him,  he  gave  me  a  guinea  with  his 
own  band. 

Att,  0<*«.  Who  gave  it  you  ? 

Plunkelt,  Mr.  Layer,  ait*?r  be  came  from 
the  country,  gave  it  roe,  and  1  recommcuded 
Mr,  Child  to  bim. 

Serj.  Pen^eiiy.  When  you  recommended 
Mr.  Child,  what  did  Layer  say  ? 

Plunkett.  He  said* he  had  no  business  fof 
bim. 

Serj.  Pengelly,  For  what  purpose  was  Child 
recommended  to  Mr  Layer  ? 

Plunkcit,  T  recommended  him  as  an  honest 
man,  as  one  that  was  well- affected  as  he  de- 
tired  me. 

Serj»  Pengdly.  Upon  what  account  did  you 
recommend  him? 

Plunkcii.  Upon  the  account  to  be  a  Pre- 
tend er^s  man. 

Serj.  Pcngelli/.  Did  you  ever  receive  any 
money  to  give  to  Child  ? 

Flunkitt.  i  received  half-a-guJBC»  from 
Mr.  Layer  to  give  to  Mr.  Child* 


i 

j 


183]  STGEORGE  I. 

Serj.  Pengeliy,    For  what  purpose  was  it  ? 

Plunkett.  ¥0T  to  eDconragpe  bim  in  the  ser- 
vice, to  be  trusty  to  him,  aad  to  be  a  Pretender's 
man. 

8erj.  Fengclly,  By  what  name  did  he  call 
the  Pretender? 

Plunkelt.     He  called  bim  the  kin^. 

SSerj.  Peuoclfy.  Had  you  any  talk  irith  him 
any  other  time? 

Flunkett.  The  Sunday  before  he  was  taken 
up  I  was  with  him,  and  he  was  talking  and 

^y'^^fSy  ^^^  ^^^  ^^  ^^  Ado  ft  shooter  as  any 
in  Europe. 

Serj.  Pengeliy.  Whom  did  he  mean  by  the 
kingr? 

flunkett.  Tlie  Pretender,  that  lie  was  as 
fine  a  shooter  as  any  in  Europe ;  he  shot  19 
out  of  90:  1  said,  that  was  fine  sbootingf. 

Aft.  Gen.    Where  was  thiR  dificourse  ? 

Flunkett.     In  his  own  parlour. 

Att.  Gen.  Can  you  recollect  any  other  dis- 
course there  was  at  that  time,  besides  that  of 
shoiitinir  ? 

Flunkett,  Yes,  there  was;  we  talked  of 
those  men  ttiat  would  do  service.  I  asked  him 
what  rewards  those  men,  that  would  do  serrice 
for  their  kini;  and  country,  should  have ;  he 
told  me,  that  tiiey.  and  their  families,  were  to 
be  for  ever  taken  care  of. 

Serj.  Pengeliy,  Was  there  any  other  pro- 
mise made  to  y(Mi  ? 

Flunkett.  There  was  no  promise;  only  he 
was  the  man  who  said,  if  1  would  follow  his 
directions,  he  would  promote  me;  that  he 
would  entrap  to  do  i^rreat  matters  for  me ;  and 
what  I  suffered  in  the  army,  he  would  make 
me  amends  for. 

Serj.  Pengellif.  Had  you  any  discourse 
about  the  disposition  of  the  nation  r 

Flunkett,  He  said,  that  most  of  the  nation 
was  tired  with  the  present  government ;  and 
he  said  that  king  George  was  for  ruining  of 
the  nation. 

Srrj.  Pengeliy.  Had  you  any  talk  of  any 
persons  at  c<Mirt  ? 

Flunkett.  Yes ;  he  said,  what  signified  the 
government ;  there  were  but  only  eight  or  nine 
upstarts  that  Itclonged  to  king  George's  court ; 
that  the  ancient  peers  of  the  realm  would  not 
he  run  down ;  for  they  should  be  made  slaves, 
if  thc}^  did  not  prevent  it. 

Serj.  Pengeliy.  Had  you  any  discourse  any 
othrr  tiuie  about  the  Dutch  or  the  French  ? 

Flunkett.  Yes ;  J  do  remember  that  he 
■aid.  Here  is  a  Dutch  army  come  in  upon  this 
nation,  and  then  the  French  army  will  come 
in,  and  ukeour  rights  and  liberties  from  us: 
you  will  keep  a  Dutch  army,  ond  it  will  be  to 
make  a  war  among  ourselves. 

Seij.  Chahire.  What  would  he  have  to  cure 
all  this? 

Flunkett.  He  told  me,  that  when  the  in- 
Burref  tion  was,  there  would  be  a  great  ma^y 
balf-pay  officers  aa  I. knew,  that  waaki  be  oo 
the  Pretender's  aide,  and  €fpeaiaDrtbim«r«hft 
Minea  of  FKumbVibtt  |  |b^  * 
Fitsgmld  thtAk     <^f.  ot  ^vfjit 


Trial  qfChmtophtr  Layer^ 


[184 


Att.  Gen.  We  have  dode  ^laminiBg  thia 
witness. 

Friumer.  You  say  your  first  aoqoaintaBce 
with  me  was  in  Queen- street,  and  that  major 
Bamewell  desired  you  to  assist  me,  there  be* 
ing  an  execution  in  my  house :  was  it  not  ao  f 

Flunkett.    Yes. 

Prisoner.  At  tlie  same  tioie  yon  called  na 
counsellor  Layer? 

Flunkett.    Yes;  I  came  to  your  honse. 

Friioner.    Did  I  employ  you  ? 

Flunkett.  Major  Bamewell  sent  me  to  gfi 
a  couple  of  grenadiers,  and  you  ordered  vaor 
clerk  to  let  them  in  at  the  back-door ;  and  the 
two  grena<liers,  which  were  conOned  in  the 
Savoy  aflerwardR  for  it,  drove  the  efficera  out. 

Prisoner.  Was  it  the  landlord  of  the  hoaae'a 
goods,  or  my  goods  ? 

Flunkett.  J  cannot  tell ;  how  shonld  I  know 
whether  they  were  yours,  or  bis  ?  tbey  ware 
in  your  house. 

Prisoner.  You  said  it  was  about  five  yearn 
before  I  saw  you  in  Lincoln- inn-fielda? 

Flunkett.  J t  was  when  the  army  waa  brelDa  ; 
and  I  came  over  from  Ireland. 

Prisoner,  Well,  you  say  fire  years  after- 
wards 1  mH  you  in  Lincoln's -inn- fields*  and 
gave  you  half-a-rruwn  to  drink.  I  told  yoa 
my  lord  North  and  Grey  was  to  he  general :  that 
my  lord  Strafford  was  concerned  in  it? 

Flunkett.  No,  you  told  me  they  were  pro- 
moters of  it. 

Prisoner,    Promoters  of  what? 

Flunkett,    Of  this  coospiraqy. 

Prisoner.  So  you  dki  not  know  me  P  nor  I 
did  not  know  you  ? 

Flunkett.  Yes,  you  knew  me ;  therefoei. 
Sir,  8aid  I,  you  have  an  ailvantage  against  me; 
for  I  don't  know  you.  AflerwanK  we  met  ooe 
another  hy  accident:  Says  yoa,  Doo^  tell 
Plunkett  you  met  me. 

Prison* r.    What  Plunkett? 

Flunkett.    James  Plunkett. 

Prisoner.    Where  lives  James  Plunkett  P 

Plunkett.  I  don't  know :  however  tbat'a 
not  material. 

Prisoner.  Did  not  you  oome  to  ny  houae 
some  time  after  this,  and  desire  me  to  l^d  jpa 
13c.  upon  aooount  of  being  bail  in  an  aetieM 
in  the  Marshars  court? 

Flunkett.  That  was  two  montba  after: 
there  was  a  soldier  which  waa  aneitad  by  « 
NarshaPs  Court  writ. 

Prisoner.  And  I  lent  you  13f.  in  ocder  4o 
discharge  YAnk^^Flunkett.  Yet,  you  did. 

Prisoner.  Did  not  you  afterwards  ask  aa 
for  some  money  on  acoouot  of  nr  Danid  (kr- 
rol  ?— P/MnAc«.  No. 

Prisoner^  Did  not  yoa  make  a- demand  ml 
sir  Daniel? 

Plunkett.  No:  I  told  yoa  my  affaira  with 
sir  Daniel.  You  said  yea  would  net  meddle 
yourself,  bat  ynoweald  write  to  him. 

Primner.  Did  yea JMt  -bring  Af«|Mr«  mai 
eOTf  "'  ^DtaU  bad  agteed^ta  pay  yoo  fOi 

4fei 


ir  High  Treason* 

'Bthammt^  ]>»J  oot  you  VtW  me,  it  woitld  be 
llir  greatest  kiuilDess  iu  the  world  to  you  to 
■JiMOg  flOi.  lor  jfou  ? 

^hmlUiU     1  ta/ever  asked  you  in  the  course 

i*rf«o««r,   Dt<l  you  never  borrow  any  money 

^immktii.  No ;  1  never  tM^rrowed  any  mo- 
ftey  «(  y9ii,  otber%vbe  than  to  get  men  listed 
fe  llw  P^rtctider. 

Fi— 1 1 ,     I  shiUI  sbew  that  you  are  a  little 
QMiftiai  by  »Ufi  (>ye. 

He.  Um^crfotd,     Vou  said  you  was  de- 
cvfil  to  cl)«irch  ? 

JFtmktU*     Decoyed  1  I  laid  it  wa^i  out  ot' 
Bj  iray,  ivheu  my  ohu  parish  church  was 


11 '  'W.  What,  do  you  use  to  go  to 

diar  inketL  Yes. 

Ht.  Keitihey.  You  say,  the  flvst  lime  you 
tt»  te  JaiDea  Plunkett,  he  came  to  you  wheu 
y^mmfe  wss  in  the  room  ? 

^kmkeU*  The  first  lime  I  aaw  him,  was 
w^m  II  r.  Layer  released  major  fidmewell  out 
d'llMellftrihaisea. 

Mr.  Kctcllmf,  When  James  Pluiikctt  caroif 
to  ymtr  lf^i«»e,  be  took  you  by  the  arm,  and  tuld 
yiM, be  cMoe from  ^Ir,  Layer;  did  he  teU  you 
llal  ifit  t^ooe,  he  came  from  Mi-.  Layer  f 

Pimmkiit.  Upon  my  oath  he  did. 

Mr.  Kctttity,  H'liui  discourse  had  you  the 
finf  Chmr  i"  Hid  be  only  a^k  y  uu  to  go  and  meet 
Mr.  LaytrF 

PiiouUti*  He  ccune  to  mpf  and  desired  me 
tv  mefi  Bir,  Layer  at  the  Italian  eotf'ee-house 
km  iUi«sel -court. 

il  Did  James  Plunkett  talk  to 

j^  Ai-  ig men  for  the  Prelender  the  first 

wmt  Ue  hMw  youf 

FkuUutt^  No  ;  he  only  was  sent  od  an  er- 
laod  Groin  Mr.  liayer. 

BIr.  lUiel^.  And  then  you  can»e  to  the 
B— jilfftmg  imrson  :  ilie  nn-juring  |jarsoOf  as 
Ml  Ctll  biiA:    What  discourse  had  you  ^%ith 

FimAkeit.  The  same  disco urae  paased  he- 
IWift  ua  iil»oat  lifiting'  n>f  n. 

Sr.  JT'  telhty,  Vt  hat,  ihe  first  lime  you  eaw 
Ivnea  Plunkeit,  and  the  firit  tjmc  you  i»aw  the 
BOH  joriiitr  ]uir»oti  ? 

tiuiikttt.  Because  he  came  from  Mr.  Layer, 

Mn  Meittbe^*  8o  you  truMed  tK»th  of  them 
•t  irwL  aiiiftit,  and  talked  to  them  ahout  tiiiting 
fe»  f*ir  CbjB  Preteuiler  ? 

^ii^cl^.   YrH,  both  talked  to  me. 

Hr.  Keiei^y.  How  many  times  had  this 
•^|orio<^  l>ant(in  beeu  wiih  you^  before  you 
kaiw  tv»  nacoe? 

PUnk€ti,  He  had  been  with  me  two  or 
linetifDL'^  I'f  me  his  name  was  St^f- 

JhM,  lilt '  '  i  me  hia  Christian  uame. 

Li  C<  J'  ^liJ  ut:  itrll  you  hia  name  was  Jef- 
freys tl»e  first  time  ? 

himmkeiU    He  toid  me  his  oame  was  Jef< 

L  C,  J.  How  longc  after  was  it  that  this 
klltr  «rai  atnlto  yoo  by  Mr.  Jeffreys? 


A.D.  nn.  [186 

riunkeit.  It  was  the  time  when  Mr.  Layer 
came  from  the  country. 

L.  C.  J.  How  long  ago  whs  that  f 

Plunkeli,  I  beliere  about  tea  months  ago; 
I  mean  teu  weekii  ago. 

Mr.  Kettitttif.  1  would  not  surprize  you ;  I 
would  have  you  consider  you  are  u|>oo  your 
oath  r  Is  It  ten  months,  or  ten  weeks  P 

PLunkeit.  Ten  weeks, 

Mr.  Keietkc^,  How  came  yon  to  remember 
the  contents  of  the  letter  so  exactly  f 

Plunk*' tt,  I  heard  it  repeated  over* 

Mr.  KeUihrt/.    Prtiy  repeat  it  over  agaiDp 

PlunkttL  *'Mr  riunkeit,  Mr.  Laytiri&cooif 
to  town  ;   I  should  be  «ery  glad  to  see  you : 

**  8o  I  rest  your  humble  servant, 

•*  W  Jeffbey*,** 

Mr.  Ketetbey.  Where  is  that  letter? 

Plunkett.  I  don't  know  ;  the  tetter  is  lost. 

Mr,  KeUlUy,  Do  you  remember  how  loog^ 
it  is  fc^iuoe  this  tetter  wa^  lost  ? 

Plunkeii.  Why,  I  miijseJ  it  ahout  two 
months  ago^  or  more. 

Mr.  KcUlbcy.  Two  months  ago,  or  more! 
How  long^  was  il  after  you  received  it  that  you 
missed  li?^ Pihfikelt,  1  kept  the  letter  in  my 
pocket  some  time. 

Mr.  KHeltffy.  Howkchg? 

PiunkeU.  J  believe  I  bad  it  three  weeks. 

Mr.  Kctdbey.  So  that  it  is  ten  wc«ks  siaqe 
you  received  thi&  ktter,  two  months  since  you 
lost  it ;  you  kept  it  in  your  pocket  three  weeks : 
You  cau  read  writing? 

Plunked.  Mo,  ]  cannot. 

Mr.  Ktidbty.  What,  not  read  writing? 

Plunkcit,  No,  Sir. 

Mr.  Ketelbej/,  How  can  yoo  he  so  particular 
as  to  the  writing  ? 

Plunkett.  I  have  heard  it  read  often  enough. 

Mr.  Ketelbcy.  Who  rtad  it  to  you  ? 

Plunkttt,  John  Child  read  it  OTer  to  me  two 
or  three  times. 

Mr  Keteibci/-  Why,  this  h  mere  romance, 
that  at  twice  hearing 'it  read,  you  can  remem- 
ber it,  the  very  worfls. 

Pluftkctt^  *I  can  remember  those  words  to 
the  best  of  my  knov«  ledge. 

Mr*  Hunf^crfofii.  Hnw  tan  he  lell,  when  \)^ 
cannot  read  at  ^*li  ?  There  is  uuihirig  in  it :  If 
one  was  to  a^k  him,  whHheryoy  cuu  ret^itetho 
Articles  of  the  Cretd,  \  hfhe«e  he  couUI  not 
do  it ;  and  yet  is  so  ejtact  in  repcatuig  the 
words  of  this  lener. 

Pn&oHtr.  What  couniryman  arp  you  ? 

PlunkfAt,  An  Jri!ihm;uK  Vou  koew  thatlo^g 
Ago  ;  you  ueeit  not  ask  me  tbat  qtiestiou  now* 

Serj.  PtngeUy.  My  lord,  we  shal*  now  pro- 
ceed, aiiit  produce  the  plau  of  tliis  coii^piracy, 
which  was  hiuud  amoog  the  papers  taken  in 
Mts.  Mason's  pu8ses»iion;  ^,nil  t»hall  !»how  how 
the^y  came  lo  be  in  Mrs.  ft]  nsoi/tf  posiiciision ; 
and  we  sliall  prove  this  plan  to  be  Mr»  Layer's 
own  band'Wntini;. 

John  Turner^  one  of  the  IMesseogcra,  awom. 

Alt.  Gfn,    Uiiik  upon  iheie  papers*     [I'ur- 

ner  looks  upon  the  papers.] 


187J  9  GEORGE  I. 

Alt,  Gen,  Do  you  know  any  thing  of  those 
papers,  and  where'they  were  found  ? 

Turner.  My  lord,  by  warrant  from  nny  lord 
Carteret,  principal  secretary  of  state,  dated  the 
29th  of  September  last,  I  was  directed  to  search 
for  one  Mrs.  Mason  and  Mrs.  Cook,  and  the 
very  same  day  1  executed  that  warrant.  I 
found  out  Mrs.  Cook's  house  in  Stone  Cutter's 
yani,  in  Little  Queen- street,  near  lincoln's- 
inn-fields,  and  in  searching  the  house^ 

Serj.  Fengelfy,  Who  lodged  there  ? 

Turner,  One  Mrs.  Mason  lodged  there :  I 
found  her  in  the  house;  and  in  her  lodging 
there  was  a  trunk,  and  being  demanded  to  open 
the  trnnk— 

L,  C.  /.  Wai  your  warraut  to  search  for 
both  Mrs.  Mason  and  Mrs.  Cook  ? 

Turner,  For  both  ;  and  iu  Mrs.  Mason's 
lodgings  there  was  a  trunk,  which  the  other 
measenger  and  1  demanded  to  be  opened  :  She 
opened  the  trunk,  and  in  the  trunk  there  were 
two  bandies  of  papers  sealed  up;  which  papers 
being  opened,  this  paper  was  found  amongst 
them.    (Meaning  the  Plan  or  Scheme.) 

Seij.  rengtUy,  Look  upon  it :  How  do  you 
know  that  to  be  the  same  ? 

Turner,  1  know  it  to  be  the  same,  becanie  I 
writ  upon  it ;  I  set  my  ooark  upon  it 

AU,  Gen.  You  say  that  these  papers  were 
found  in  the  trunk,  in  two  bundles  sealed  np  ? 

Turner,  Yes. 

Alt.  Gen,  (Shewing  the  witness  another 
paper.)  Look  upon  that ;  see  if  that  was  in 
the  same  bundle  with  that  you  last  gave  an  ac- 
count of? 

Turner.  Yes,  that  was  in  the  same  bundle. 

[And  so  he  was  examined  as  to  several  par- 
ticular papers,  which  he  swore  to  hare  been  all 
found  m  the  two  bundles  taken  out  of  Mrs. 
Mason's  trunk,  and  that  he  had  set  his  mark 
upon  them.] 

Mr.  Ketelbey,  I  beg  leave  to  ask  Mr.  Turner 
a  question  or  two.     Mr.  Turner,  1  think  you 

S're  a  positive  account  of  several  papers,  what 
ey  are  I  know  not ;  of  several  papers  handed 
to  you  from  Mr.  Paxton  ?  You  had  a  warrant 
to  search  for  Mrs.  Cook  and  Mrs.  Mason,  and 
in  a  trunk  you  found  these  papers  sealed  up  in 
a  bundle  ? 

L.C  J.  He  said  he  had  directions  from  my 
lord  Carteret  to  search  for  Mrs.  Cook  and  Mrs. 
Mason.  That  he  searched  Mrs.  Cook's  house, 
and  found  Mrs.  Mason  there;  he  sees  a  trunk 
in  the  house,  in  Mrs.  Mason's  lodgings,  and  he 
demanded  the  trunk  to  be  o|ieneo,  and  iu  the 
trunk  is  found  two  bundles  of  papers ;  in  these 
bundles  are  these  papers  which  have  been 
shewn  to  the  witness.  When  be  is  anked  how 
he  knew  them  to  be  the  same  that  were  in  the 
bundle;  he  says,  he  knows  them  to  be  the 

-  aame,  because  lie  set  his  mark  upon  them. 
Just.  Fortacue  Aland.    .Were  the  bundles 
•ealad  up  ?— Turner.  Yes,  my  tord,  they  were 
■Baled  up  when  we  took  them  out  of  the  trnnk. 

'     An.  Omt..  In  whOM  Mgings  wm^tbey 
found?  .    •■  -••  t9r 

I 


Trial  of  Christopher  Layer^ 

Turner,  At  Mrs.  Mason's  kxlgin 
beflchamher. 

Mr.  Ketelbey,  You  say  these  papc 
to  you,  you  found  in  the'trnnk  in  Mri 
lodgings.  Where  have  they  been  ex 
How  come  you  to  be  so  positive  tha 
dividual  papers  are  the  same  papers 
found  in  Mrs.  Mason's  room  ? 

Turner,  1  put  my  name  upon  thei 

Mr.  Ketclbty,  Is  your  uame  put  U| 

Turner,  Yes,  upon  each  of  the 
time. 

Mr.  Ketelbey,  How  lon«v  were  the 
custody  ? — Turner,  About  an  hour. 

Mr.  Ketelbey,  Who  did  you  delive 
when  you  parted  with  them  ? 

Turner,  I  think,  to  Mr.  Stanyan. 

Mr.  Ketelbey.  I  ask  you,  when 
your  name  on  each  of  them,  was  it  b 
first  parted  with  them  P 

Turner,  After  the  trunk  was  opei 
bundles  were  opened  ;  in  the  bundl 
paiiers  of  consequence,  1  was  dire< 
and  fetch  Mr.  Stanyan  as  being  a  n 
to  give  that  person  hor  oath.  Wh 
gone,  I  delivered  the  papers  into  m 
messenii^er'B  band,  and  he  signed  the 

Mr.  Ketelbey,  So  you  only  swea 
brother  inessenger.  How  lons^  after 
seizing  the  papers  was  It  before  you 
name  upon  them  P 

Turner,  1  believe  three  quarters  o 

Mr.  Ketelbey.  Who  had  vou  left  tli 

Turner.  1  left  them  with  this  man 
ther  messenger. 

Mr.  Ketelbey,  Youlefl  them  with 
ther  messenger  before  you  set  your  i 
them;  how  comes  it  that  you  are 
are  the  same  P  How  can  you  swca 
the  same,  when  you  went  away  and 
in  your  brother  messenger's  han<}s,  a 
set  your  name  upon  them,  till  you  rt 

Sol,  Gen,  You  say  these  papers  ^ 
in  Mrs.  Mason's  lodgines,  and  that  si 
and  unlocked  the  trunk,  and  you  to( 
two  bundles  P—IVimer.  Yes. 

Alt,  Gen,  You  say  you  delivered 
papers  to  this  person  here  P 

Turner,  Yes,  Sir. 

Priioner,  Mr.  Turner,  in  Mrs. 
k>dgings  you  say  you  seizeil  two  I 
papers  sealed  up? — Turner.  Yes. 

Fritoner,  When  Mrs.  Mason  I 
locked  up,  were  they  then  sealed  up 

J'umer,  They  were  then  sealed  u 

Fritoner.  Did  not  the  seals  appe 
been  broke  open  P — Turner,  No. 

Prisoner,  You  saw  two  bundles  ? 

Turner,  Yes. 

Fritoner,  You  saw  this  paper,  and 
all  the  papers  taken  out  of  the  bundl 
bundle  was  this  paper  in  P  (Mennmi 
or  Scheme.)  *^' 

Tiumer.  This  wasia  i 
Wuthiits 


ZWriwiK 


/4f9J 


Jot' High  Treason. 


PriMoner*    And  this  wm  oat  of  one  of  the 
WmOfs? 
■     Jkmer.  Out  of  the  imall  bundle. 

Frmomtr.  Did  yon  see  them  taken  out  of 
the  bondle  f  ^Turner.  I  can't  say  that. 

Mr.  Hmngerford.  If  I  observe  that  paper  or 
hawHi  vvbt,  Vt  is  one  that  consists  of  several 
sImcIb  offpaper ;  I  desire  he  may  hold  it  in  his 
hand.  tiD  we  have  done  examining  of  him. 

Hj^Eeielbey.  Mr.  Turner,  that  consists  of 
■Mnsheetn  than  one ;  did  you  sign  your  name 
tocKkkaf,  or  only  to  the  first  and  the  last 
htfiflhebookP 
J^mtr.  1  iigoed  my  name  to  each  sheet. 

Edward  Speare  sworn. 

AiL  CtM.  'Mr.  Speare,  did  you  go  with 
Mr.  IVpmer  to  seize  any  papers  at  Mrs.  Cook's 
^mmf—Sptort.  Yes,  I  did. 

itC.  Gen.    Give  an  account  of  what  yon 
Iw  ef  seizing  any  papers  there. 

e.    My  knrd,  by  a  warrant  directed  to 
i  my  iord  Carteret,  Mr.  Turner  and  I 
)  seize  Mrs.  Cook  and  Mrs.  Mason ;  and 
Mrs.  Cook's  house,  I  found  Mrs. 
I  tliere.    At  Mrs.  Cook's  I  found  no  pa- 
pcn  JD  the  first  room ;    1  proceeiled  into  a  se- 
cnd  room,  where  there  was  a  trunk,  which 
1  aidered  to  be  opened ,  and  I  took  two  parcels 
oat  ef  it ;  one  of  them  was  sealed  witn  three 
iseh,  which  1  looked  at ;  they  did  not  appear 
la  iMre  been  opened  and  sealed  up  again.    I 
opened  them,  and  marked  them. 
Ait.  Gem.  Who  was  by  ? 
Speare.  Mrs.  Mason  was. 
Att.  Gen.  Was  she  ttiere  when  you  opened 
them? 

^eare.  She  was  by  when  they  were  opened. 
Ait.  Gen.    Look  upon  them,  are  tliey  the 
mme  papers? 

Spemre.  1  baTe  looked  upon  them,  and  know 
them  to  be  the  same. 

An.  Gen.  Are  those  the  papers  that  were 
idMo  out  of  the  trunk? 
Speare.  The  ?ery  papers. 
Att.  Gen,  In  whose  room  were  they  taken  ? 
Speare.  In  Mrs.  Mason's  room. 
8erj.  Cheshire.  Were  they  e?er  out  of  your 
CQstody,  till  you  marked  them  ? 
Speare.  No,  Sir. 

iU.  Gen.    During  the  time  that  Turner, 
your  brother  messenger,  was  cfone  for  Mr. 
teayan,  who  had  the  Gusto<ly  of  the  papers? 
Speare.  1  bad  the  custo«ly  of  tiicm. 
iol.  Gen.  Were  any  of  them  taken  away,  or 
W  there  any  alteration  in,  or  addition  to  them, 
during  that  time  ? 
Speare.  No,  Sir. 

flerj.  Cheshire.    Do  you  remember  that  3Ir. 
Tomer  set  his  name  upon  them  ? 
Speare.  Yes,  he  did. 

L.  C.  J.  How  long  after  your  brother  mes- 
sengf  r  returned  hack  to  you,  was  it  before  you 
set  > our  name  u|K)n  them? 
Speare.  Immediately,  my  lord. 
Mr.  Keiflbcjf.  How  long  did  you  stay  in  the 
|bce  ailer  the  return  of  Turner  ? 


A.  D.  1722.  [190 

Speare.  1  beliere  I  might  stay  there  an  hoar, 
or  an  hour  and  an  half.  " 

Mr.  Ketelbey.  When  did  you  first  part  with 
the  papers  out  of  your  custody? 

Speare.  I  gayethem  to  Mr.  Stanyan. 

Mr.  Ketelhey.  How  long  after  you  first  seized 
those  two  bundles  was  it  before  Mr.  Stanyan 
came  to  you  ? 

Speare.  I  beliere  about  half  an  hour,  or 
three  quarters  of  an  hour. 

Mr.  Keteibey.  What,  did  yoa  ddiyer  them 
to  Mr.  Stanyan  then  ? 

Speare.  After  Mr.  Tomer  and  I  had  signed 
them,  1  deliyered  them  to  Mr.  Stanyan. 

Mr.  Keielbey.  Was  it  not  before  you  signed 
them? 

Speare.  No,  upon  my  oatb. 

Mrs.  EliMabeth  Mason  swoni. 

Att.  Gen.  Blrs.  Mason,  gire  an  account  of 
what  you  know  of  these  papers  ?  , 

Mason.  Mr.  Layer  left  two  parcels  of  papera 
with  me ;  be  told  me  they  were  of  the  yalue 
of  5001.  He  afterwards  took  them  away  from 
me ;  and  afterwards  brought  them  to  me  again. 

Seij.  Cheshire,  Yon  say,  he  delirered  two 
bundles  first? 

Mason.  No,  he  delivered  only  one,  and  that 
was  the  largest  bundle :  he  told  me  it  was  of 
the  yalue  of  500/.  and  desired  me  to  take  care 
of  it,  and  lock  it  up. 

Serj.  Cheshire.  When  was  the  lesser  bundle 
delivered  to  you  ? 

Mason.  Some  time  after;  and  after  that 
he  took  them  away  from  mc;  and  io  four  or 
five  days  time  he  brought  fhem  to  me  agaiu : 
he  took  them  away,  and  brought  them  to  me 
again,  and  told  me  they  were  a  few  love-letters ; 
and  begged  of  me  not  to  let  Mrs.  Cook  know  it, 
for  she  would  make  a  disturbance,  ami  tell  his 
wife. 

Serj.  Cheshire.  When  had  you  the  lesser 
bundle? 

Mason.  I  had  that  some  time  after. 

Serj.  Cheshire.  What  directions  had  you  with 
the  little  bundle? 

Mason.  He  desired  me  to  take  the  same  care 
of  that,  as  of  the  other. 

Serj.  Cheshire.  Was  that  sealed  up  ? 

Miison.  They  were  both  sealed. 

Serj.  Cheshire.  Where  did  you  put  them  ? 

Mason,  I  put  them  into  luy  trunk. 

tsierj.  Cheshire.  After  this;  you  know  when 
the  messengers  came  ? 

Mason.  Before  that,  he  came  one  day  in 
the  afternoon  to  our  house,  and  asked  where  I 
was?  It  was  the  beginDiog  of  Bartholomew- 
tide.  1  was  noVat  home  :  he  left  a  message 
for  me,  that  1  should  bring  those  writings 
home.     I  carried  them  home. 

Serj.  Cheshire.  Home !  What  do  you  mean 
by  home? 

Mason.  Mr.  Layer's  own  house:  he  left 
word,  that  he  would  he  at  home  by  eight 
o'clock  that  night.  I  was  there  about  eight 
o'clock?  1  asked  the  maid  where  he  was? 
She  said,  he  was  iu  the  back  parlour.     I  asked 


191]  d  GEORGE  I. 

her  if  any  body  was  with  him  ?  She  said,  there 
were  two  gentlemen.  Said  1,  tell  your  master 
that  I  am  here. 

L.  C.  /.  You  say  the  great  bundle  was  taken 
from  you  again,  and  afterwards  he  brought  the 
lesser  bundle ;  and  after  this  you  received  a 
message,  or  intimation,  that  yoo  should  bring 
home  that  bundle. 

Mason,  My  lord,  1  had  two  bundles.  He  left 
word,  that  I  should  bring  his  papers  home;  for 
he  stnid  at  home  till  eight  o'clock  that  night.  I 
went  to  his  house :  and  when  1  knocked  at  the 
door,  tlie  maid  came  to  the  door.  I  asked  her  if 
her  master  was  within  ?  She  told  me,  yes ;  he 
was  in  the  baok-parkur ;  and  that  there  was  a 
gentleman  or  two  with  him.  1  desired  her  to 
go  and  tell  her  master{that  I  was  there.  And  he 
came  out  to  me ;  and  I  gave  him  the  writings ; 
and  he  desired  me  to  come  again  the  next 
morning,  n  hich  was  on  a  Saturday ,  about  eleven 
o'clock,  for  he  was  going  out  of  town :  and 
that  I  would  come  and  take  those  writings 
again.  Which  accordingly  I  did.  It  was  in 
the  morning,  at  the  time  that  the  bell  was 
ringing  at  Lincoln's-inn  chapel,  when  1  went 
to  him,  and  he  delivered  me  the  |iapers  again. 

Sol.  Gen.  Can  you  recollect  the  day  that 
lie  left  word  for  you  to  comf  to  him  ? 

Mason,  It  was  the  beginning  of  Bartho- 
Jomen-tide. 

Sol.  Gen.  What  day  of  the  week  was  it  ? 

Mason.  It  was  on  a  Friday  night  that  I 
went  and  carried  them  to  his  house. 

Sd,  Gen,  And  when  was  it  that  he  desired 
you  would  come  and  call  for  them  again  ? 

Mason.  It  was  the  next  morning  at  eleven 
o'clock,  or  near  the  matter,  that  I  went  to  his 
house ;  and  he  gave  me  the  writings  again, 
and  charged  me  to  take  care  of  them. 

Serj.  Cheshire.  What  was  you  to  do  with 
them  f 

Mason.  To  take  care  of  them. 

Serj.  Cheshire.  Did  you  meddle  with  them, 
or  open  them  P 

Mason.  No,  Sir :  I  put  them  in  my  trunk. 
They  lay  there  all  the  time. 

Seij.  Cheshire.  Were  they  there  when  the 
officers  came  ? — Mason.  Yes,  Sir. 

Serj.  Chchhire.  Was  you  there  when  the 
bondles  were  opened  ? — Mason.  I  was  there. 

Seij.  Cheshire  Did  you  mark  the  papers 
yourself? — Mason.  1  did. 

Serj.  Cheshire.  Look  upon  the  papers,  and 
see  if  you  find  your  mark  on  those  papers? 

Mason.  Yes,  this  is  my  mark. 

Serj.  Cheshire,  l^lr.  Speare,  yoo  was  pra- 
■ent  at  the  opening  of  them  P 

Speare.  I  was :  They  were  sealed  up  when 
I  opened  them. 

Serj.  Cheshire.   Did  ymi  pat  your 
ibemP 

Speare.  I  did  put  my  naoieon  tbc 

^.CkeMt.  WcralkMMir' 
lady  before  YM  p«t  va*  f 

Speare.  No  s  f 


Trial  qf  Christopher  Layer ^ 


[192 


Speare.  He  put  his  name  to  them  before 
ever  they  were  out  of  my  custody. 

Alt.  Gen.  You  have  marked  all  those  papers. 
You  are  sure  those  are  the  papers  you  took 
out  of  the  trunk  in  Mrs.  Mason's  lodgings? 

Speare.  I  am  sure  they  are.  * 

Atl.  Gen.  SUw  them  to  Mrs.  Mason.  Mn. 
Mason,  were  those  papers  in  the  bundles  that 
were  delivered  to  yon  by  Mr.  Layer? 

Mason.  Yea,  Sir,  they  w<.tc. 

Att.  Gen.  You  have  marked  those  papen, 
have  you  not  ? — Mason.  Yes,  I  have. 

Sol.  Gen.  You  say,  you  gave  the  handles 
back  to  Mr.  Layer  on'a  Friday,  about  the  be- 
ginnin*;:  of  Bartholomew-tide:  Do  you  re- 
member whether  it  was'upon  Bartholomew 
day  or  not  P 

Mason.  Indeed,  I  don't  know. 

Sol.  Gen.  What  did  Mr.  I>ayer  say  when 
you  bi ought  them  to  him  again? 

Mason.  He  only  thankM  me;  and  de«red 
me  to  come  the  next  day  and  take  them  from 
him  again  :  Which  I  did. 

Sol.  Gen.  Did  he  mention  then  that  he  was 
going  out  of  town  P 

Mason.  Yes ;  and  it  was  about  tl  o'clock  on 
a  Saturday  morning  that  I  went  to  him,  and 
he  delivered  the  papers  to  me  again. 

Mr.  Hungerford.  Can  you  write  P 

Mason.  No. 

Mr.  Hungerford.  Have  yon  made  the  samo 
mark  on  all  those  pa|)ersP 

Mason.  I  was  so  frightened  at  that  time,  that 
I  hardly  knew  what  mark  I  made. 

Mr.  Hungerford.  If  yon  waa  frightened  at 
that  time,  and  did  not  know  what  mark  yoa 
made,  how  can  you  be  sure  you  know  your 
mark  again  P 

Mason.  Yes,  I  can  tell  it  very  well. 

Mr.  Hungerford.  When  you  say  you  was  ao 
frightened  you  did  net  know  what  mark  yon 
made? — Mason.  Yes,  sure  1  do. 

Mr.  Hungerford.  Upon  the  oath  you  have 
taken,  hath  any  body  seen  those  papers  liefora 
they  were  takeu  by  the  messengers ;  wlietber 
sir  John  Meeres,  or  his  man  Thomas  hath  seen 
tliem.^ — Mason.  No. 

Mr.  Ketelbey.  Nor  his  man  Thomas? 

Mason.  No,  nor  his  man  Thomas. 

Mr.  Ketelbey.  I  ask  you,  can  you  write,  or 
can  yon/ead  writing  P 

Maion.  I  told  you  I  can't. 

Mr.  Ketelbey.  You  only  can  make  your 
mark? — Mason.  No. 

Mr.  Ketelbey.  Do  you  only  make  but  one 
mark,  or  use  several  marks? 

Mason.  I  make  but  one  mark. 

Mr.  Ketelbey.  Pray,  makethemarkyoago- 
nerally  use.  With  submission,  my  lord,  I  oe- 
siro  she  may  have  a  pen  and  ink,  to  aee  if  nhr 
ean  make  the  same  mark  again. 

Mr.  JfiMfTf/brrf.  Mnrdy  wn  nraregnlnri 


Jut  lligJi  Treason* 
PmI»  aai  dMifi  she  inaj  ttiake  her  mark 

Mr-  lUtel^,    My  lord,  we  desire  she  may 
wAit  Iter  nuirk  m^n. 
BtL  Gen,    We  d<?str«  ghe  may  have  a  con- 
t»l«er  lo  do  tt  in,  ati<J  itiat  the  iniiy  sit 

No,  1  c»n  do  it  wilbpuL  (A  pen 
atd  ibIi  aim]  |iauer  ts  pvrn  to  Uer,  nod  slie  sets 
l0«Bri,  sia  A' and  an  M.) 

%bL  Qtm,     Hcire  ure  tfie  tnUers  £  and  M  spt 
la  yv  |«f«rrs  nroiincefl :    aud  though  m  this 

ff^^il  »tu>  ftliould  not  miike  her  letters  ex- 
e,  yet  I  aiipreliend  that  would 


A.  D.  1722. 


im 


tr«  Acici't^v 


id,  I  caQ*t tell  M'hat  th^y 

■^  depend' ► 

Aiy  lord,  1  desire  to  go  on 


f|tinctifioB,     I  a^k  you- 


'  ct»mpared  the  letters  made 
Courts  with  those  on  the 


lY^j  thi*   (  iiamcter  ivliich   she  now  writes 
•bf  ^bmt  «be  writ  on  those  papers^  aud  so 


(  her  eridcnce, 
Mr  Ktieihry.     After  the  ileliTery  of  those 
••-lm»4k«  U»  vf.ii  f.v  Mr.  Layer,  I  ask  you 

U«r  Air  Jo!  's  man  Thoiuaa  ever 

«,    No,  he  never  was  op  in  my  room; 
no  audi  tAiniliurity  between  us. 
Mr.  Ktttil'ey.  Diil  one  Wilioo  eversee  them  ? 
^mtcm.  So, 

Hr,  Ktttibry,   Did  ever  you  produce  them 
i«lle  fUoks  ? — Mainm.  No. 
^rtM^mtr,    No !   nor  diil  sir  John  Meerca'a 
■A  TTMunas  never  sec  them  ? 

n  my  oath. 
i  ever  produce  them 
urrj -j^i .     if  I  let  Thomas  or  Wil- 

himselfsee  either  of 
Ufs  ttk  *,.i  j  .V  vie  seated  up  f 
No,  ihey  were  in  my  truuk  :    I  a1- 
Ihtpi  ifaftn   in  my  trunk,  perhaps  as  I 
ttiy  truok,  they  might  see  them  he  in 

'  llllltJK« 

KtSef^ey,  00  you  know  one  Blrs.  Bmla? 
No;    I  (fon't  know  the  name*     J 
a*t  know  one  11  rs.  Duda. 
trwmir^    Did  yoa  ever    know  one  Mrs. 


I  know  many  of  that  name. 
r.  Did  you  ev«r  go  hy  that  name  ? 
No. 

!*^  *     "11  uver  ifo  hy  the  oamc  of 

r.    t#jw  ^^^0  ever  go  hy  the  name  of 

No,  I  tieter  did  go  hy  tlie  name  of 

JL  C  X    Mr   K**li  ?ljrv.  I  dim'i  know  what 
BiiD|^  o^  < ;  when  it 

it»rtnnr:  Uis  Woman 

r  .  eh«r  to  he 

h^r  credit, 
I  vfith  your 
jury. 


At  the  time  when  these  bundles 
were  seized,  had  thry  Mr,  Ltiyer's  seal  upoo 
tliem  ? 

Ma%on.  Yes ;  the  seal  of  Mr.  Layer  wma 
upon  them. 

L,  C*  J,  What  says  the  messenger?  At  the 
tinte  that  you  seized  these  two  bundles  of 
papers,  was  there  any  seal  upon  them  t 

Messenger.  There  were  three  seals  tipoo 
oiie^  and  some  seals  upon  the  other;  the  aeal 
wa^  somethinjT'  of  a  small  head. 

L.  C.  J.  What  is  Mr.  Layer's  seal  ? 

Mawn,  Something  of  a  head,  but  I  catmol 
fell  what  head. 

Mr.  Kciclbty,  Do  you  koow  Mr»  Layer's 
aeal  ? 

Afdson.  ft  ia  aomethtns^  of  a  head. 

Mr.  Kttclbfy.  Was  ittne  representation  of  a 
man^s  head,  or  the  head  of  a  beast  ? 

Mason,  It  is  a  head  with  somethings  of  a 
ruff  about  it. 

L.  C.  /.  Mrs.  MasoOf  look  upon  the  headf 
Is  that  head  the  seal  of  Mr.  Layer? 

Mason,  Yes :  t^pon  my  oalli  it  is. 

L,C.J,  What  says  the  messenger:  Was 
that  seal  of  a  head  upon  them,  wheu  you  seized 
them? — Mentngcr.  Y'es,  it  was. 

Mr.  KettiUy.  Before  that  time  that  the  two 
messeof^ers  came,  Mr.  Turner  and  Mr.  Hpcare^ 
and  seized  the  papers,  and  afternards  one  of 
them  went  for  Mr.  Htanyan;  I  ask  you  whe- 
ther you  had  shewn  those  bundles  to  aoy  body 
before  that  time? 

ALisan.    No ;  T  had  shewed  them  to  nobody* 

An.  Gen.  8he  halh  said  so  two  or  three 
times  before. 

L.  C.  J.  Indeed,  Mi-.  Ketelbey,  we  mast 
direct  you  not  to  sjiend  the  time  of  the  Court 
so.  You  have  asked  her  that  quet^tion  two  or 
three  times  over. 

Mr.  Ketelbey >  My  lord,  1  would  very  fahi 
have  the  truth  come  out. 

Mr,  Hungerford,  1  will  ask  you  a  question 
or  two.  What  trade  or  husiness^do  you  follow ? 
What  is  your  trade  or  occupation  ? 

MoMon,  What  is  that  to  you  ?  I  have  tio 
trade. 

Mr.  ITuTtgerf&rtl  I  should  have  asked  yon 
anotlier  question  before ;  have  you  not  a  pro- 
mise of  reward  for  the  service  yoa  do  here,  ia 
givini^  this  evidence? 

Maton,  No,  I  have  not. 

Priianer.  Nor  you  have  received  none? 

Mason,  No :  You  are  an  unjust  num. 

L.  C.  /.  Are  you  promist-d  any  reward  f 
Why  don*t  you  ask  her  whether  she  is  to 
swear  for  hire  ?  Is  that  a  proper  question  to  ask 
a  witness  ? 

Mr*  Kef rf hey,  1  submit  it  to  your  lordship, 
whether  it  is  not  proper  to  a^k  her  this  queit  ion  j 
^Vhether  she  huth  not  toJd  any  person,  and 
whom,  that  she  was  to  have  a  rewaril  for 
comiiiflf  hither? 

Frmncr,  The  question  is,  whether  she  hath 

never  owned  and  coufcnscd  to  any  hoily,  that 

these  papers  were  opened  before  a  friend  of 

liersp  before  the  rac»eDgcr  seized  them  f 

O 


I 


I 


* 


1»5] 


9  GEORGE  I. 


Trial  of  Christ  fpher  Layer ^ 


Mason,  No,  my  lord,  I  Dever  did.  I  Dever 
opened  them  before  any  body. 

Alt.  Gen.  They  have  asked  yoo  what  names 
you  went  by ;  do  yoo  know  what  names  the 
prisoner'at  the  bar  has  g^ne  by  ? 

Mason.  He  had  once  given  roe  orders,  that 
if  any  letter  came  direcSed  in  the  name  of 
Pountaine,  that  I  should  take  it  in  ;  accord - 
ingfly  in  two  or  three  days  time,  there  came  .a 
letter,  directed  to  Mr.  Fountaine,  and  I  took  it 
in  ;  and  when  he  came  I  gave  it  to  him,  and 
be  opened  it,  and  read  it. 

Prisoner.  Where  is  your  house  ? 

Mason.  Where!  Where  you  left  the  writingfs. 

Frisoner.  How  can  you  tell  bow  that  letter 
was  directed  which  you  took  in,  since  you  say 
yoo  cannot  read? 

Mason.  It  was  directed  to  Mr.  Fountaine. 

Prisoner.  Did  you  read  the  superscription  ? 

Mason.  No  ;  Mrs.  Cook  did. 

L.  C.  /.  You  say  you  was  desired  by  Mr. 
Layer,  when  any  fetter  came  directed  to  Mr. 
Fountaine, -to  take  it  in ;  and  that  a  letter  came 
directed  to  Mr.  Fountaine,  and  you  took  it  in  ; 
the  question  is  asked  you,  since  you  cannot 
read,  How  could  you  tell  it.  was  directed  to 
Mr.  Fountaine? 

Mason.  My  landlady  told  me  it  was  for  Mr. 
Fountaine,  and  she  knew  he  went  by  the  name 
of  Fountaine  sometimes. 

Prisoner.  She  said  she  read  it 

Mason.  No;  I  said  I  gave  it  to  you,  and 
yoo  opened  it,  and  you  read  it. 

L.  C.  J.  The  occasion  of  this  question  is , 
that  this  misnomer  was  approved  of  by  you. 
8he  says,  that  you  ordered  her,  that  if  any  letter 
came  directed  to  Air.  Fountaine,  she  should 
take  it  in  ;  a  letter  did  come  directed  so,  she 
took  it  in,  and  then  delivered  it  to  you ;  and 
yoo  received  it  from  her,  and  opened  and  read 
it ;  Jbot  how,  say  they,  could  you  know  this 
letter  was  directed  to  Mr.  Fountaine,  when  you 
can  neither  write  nor  read?  She  having  re- 
ceived such  an  order,  when  there  was  a  letter 
come  it  was  natural  enough,  that  she  that  could 
not  read,  should  ask  her  landlady  the  directions 
of  the  letter,  and  it  was  directed  tor  Fountainet ; 
it  was  natural  enough  for  her  to  take  it  in,  and 
give  ii  to  you .    W  ho  brought  the  letter  ? 

Mason.  A  porter. 

L.  C.  J.  Did  he  say  from  whence  he  came? 

Mason.  He  told  nie  he  came  from  the  Ditch- 
side,  and  asked  me  if  Mr.  Fountaine  lodged 
there. 

Mr.  Hungerford.  This  trunk  that  the  papers 
were  in,  did  it  use  to  be  kept  open,  or  was  it 
Idcked  op  ? 

Mason.  It  was  always  locked  up. 

Mr.  Doy/fy  sworn. 

Alt.  Gen.  Mr.  Doyley,  do  you  know  Mr. 
Layer  .^  and  how  long  have  you  known  him? 

Doyley.  I  have  known  him  about  seventeen 
or  eighteen  years ;  be  was  my  clerk ;  it  is 
tbereaboulB,  I  believe. 

Att.  Gen.  Do  you  know  hM  writing  ' 

Do^ky.  I  believe  I  do. 


Att.  Gen,  Look  upon  that  paper, 
shewn  the  scheme.) 

Att.  Gen.  Do  you  take  that  to  be  his 

Doyley.  If  you  ask  me  as  to  my  belie 
lieve  It  is. 

Att.  Gen.  Have  yon  often  seen  him  \ 

J>qyiey,  Yes,  Sir. 

Att.  Gen.  Have  you  seen  him  wrili 
he  left  your  service  r 

Dovify.  I  have  bad  several  letters  Iro 
nnce  ne  was  my  clerk. 

Att.  GeH.  Look  open  that  paper ;  c 
swear  that  you  believe  that  is  his 
writing  ? 

Doyley.  I  have  seen  the  paper  before 
do  beReve  it  to  be  his  band-wnting. 

Prisoner.  Have  you  seen  me  wrii 
thing  but  my  name  these  14  years  ? 

DoyUy.  I  cannot  particularly  recollei 
ther  I  have  or  no. 

Prisoner,  How  long  is  it  since  I  wf 
clerk  ?— Doyley.  About  14  or  15  years. 

Prisoner,  mve  yoo  seen  me  write  si 

Doyley.  I  cannot  say  1  have,  or  I  ha 

X.  C.  J.  How  long  is  it  since  you  n 
any  letters  from  him  ? 

Doyley.  About  6ve  years  ago. 

L.CJ.  How  do  you  know  those 
came  from  him  ? 

Doyley.  Because  he  was  my  client,  a 
to  me  aliout  business ;  and  I  answerer 
letters,  and  did  the  business  that  he  desi 
to  do  by  those  letters. 

L.  C.  J.  Did  he  pay  you  for  that  b 
done  ? 

Doyley.    Yes,  very  hononrably. 

Prisoner.  Yoo  say  you  don't  rememi 
have  seen  me  write  since  I  came  from  y 
to  that  paper  which  you  say  you  believ 
my  hand,  have  you  compared  it  with  th* 
ters? — Doyl^.  I  have. 

Prisoner.  Is  that  what  yoo  found  yoo 
upon? 

DmfUy.  This  is  what  I  chiefly  fou 
belief  upon. 

Prisoner.  Consider,  Mr.  Doyley,  m 
at  stake,  and  you  say  you  have  not  si 
write  these  14  years  ? 

Doyley.  I  don't  know  that  I  have. 

Prisoner.  Have  you  any  of  my  le 
court? 

Doyley.    I  have  not  your  letters  in  c 

Prisoner.    You  say  you  found  you 
only  by  comparison  of  those  letters, 
wish  you  had  brought  those  letters  here 

Att.  \}en.  He  doth  not  say  so. 

Doyley.  If  you  had  desired  it,  I  con 
brought  them. 

Prisoner.  I  desired  it !  I  little  tho 
have  seen  you  here  on  such  an  occasioi 

Att.  Gen.  Mr.  Doyley,  I  ask  you, 
had  no  dealings  with  him  since  be  wai 
t  bis  clerkship  ? 

Doyley.  Yes,  I  wai  hif  agent.* 

'^8(MLitdi'iHa«Uii^n-r« 
book  i,  €.4^- 


SSi. 


U.     U€ii, 


W7]  /or  ffigh  Treason* 

L  C.  «r*    Wliose  n&tne  i«  suliMcriUeil  to  those 

f^X>«»v/rw    rim  tophcr  Layer's. 
L.C^J-    Votj  I  iisiuB^  lueutiooetj  ill 

■■K  Irtlcrs  i    :k  nmjrubly  paid  3^0 u  for 

'^iMfifjf*  Yew,  my  lord. 
JLC  J.      I  BUppuiie,  in  your  timi?,  that  you 
tlwil  otlier  |jeo[ile  writ  letter«  io  your 

Kztrlhcif.     Yoa  wiyi  you  believe  tJiat 

imhm  y\r,  I  Jiver'u  band  writing'.     And   if 

*itf»i  '      i.tnti  you,  I  t<K)k  it  down  in 

I  ^'our  belief  on  tiie  com- 

^t  \hriMu^  wTtb  the  letteis  vrhicb  you 

ikfky^  1  said,  1  chiedy  fouoded  my  belief 
ipiM  mk:Ii  oompariNOn  ul'  bauds. 

—  .  .  T),t.»  vrpti  clitcfly  did  so  ;  and 
I  Si  here  in  court,  on 
^1  tbi>i  belief 
I  I  'rv  I  , ,  I  itiiuk  \ou  say  yoo 
^^  ni/  ^^vt  fttl  limes  f 
y  nut  rtfini'mber  tb^it  J  have  seen 
e  14  year^. 

Durincr  tlie  time  he  woa  your 
iM;«  jTttu  iMve  iie^n  him  write  ? 

Itailfw.  Yes  J  be  mtur  bul  iwo  years  with 
9ti  Bc  dmS  been  clerk  vi  ith  Mr.  • be- 

"Sd,  Gem,  Then  be  had  b«en  used  in  bust- 
maik  l«fiire  be  oiuie  to  you  ;    and  bad  formeil 

Mr.  finnger/nrd.  IIow  old  was  he  when  be 
«ltt|<iur  cirrk? 

I^£rv.   f  nde^  I  donH  know. 

Mr.  llnmgerford,  Y«u  form  your  hebef 
1^  tlie  r<*tiieuibrance  you  have  ot  what  was 
bi  kam}'  writing  14  or  ]^  years  ago  ? 

L  C,  X  You  aay,  you  receivetl  letteri  «ub« 
iptW^  ^y  bit  name  fire  years  ago  ? 

Diyi^,  Yr^T  my  lord, 

X-t,  /-  Waa  the  character  of  those  letteri 
Ibac  ymi  recrived  five  yeara  ajfo.  as^eable  to 
liaohancteni  that  be  writ  when  he  was  your 
6mk  f'^Dayliy,  Yes«  my  lord* 

L  C.  /.  Then  I  tkhk  you  upon  the  whole, 
ffkmibm  Jtm  believe  it  to  be  inn  band  writing, 

ih^flty.  Yr«,  I  do  bebere  it  to  be  hk  baml. 

fnmut^,  8mceniy  ""f'^^^nv  rircumjitancea, 
ki»f  yau  kail  no  prr  'ing^  restored  to 

fmi  pbec  mrtun,  or  i  i_  I  :    i_ii>e  of  aome  other 

tk^Uy^  r  never,  to  tny  know]ed(fe, 

l^iacM  otM  oi«u  that  bad  the  power  to  put 
*  ia  my  plaot  attain  9  nor  ever  cooYersetl 
*M  any  on*  great  man  upon  that  or  any  such 
iCar. 

lb"  Mik  we  are  entitletl  to 

«^«!  *  re  may  lie  no  dis- 

■i^  ^  !;■■''     i>  and  Mr, 

kay.1  nerattbe 


A-  D.  1722 


[198 


Mr    ?*'''*' 'mworo. 


.t^r^lr 


'-t  l*L  ofibc  Crown, 


f      Serj.  Pengclltf*  Sir,  was  that  paper  shtWn  to 
the  prisoner  at  Ibc  bur? 

IhtaJ'aye,  1  wtts  not  near  enouf>b  wbe-o  be 
way  before  the  lord»*  ofllie  couucil,  lo  i^ee  what 
waji  on  the  table  ;  neither  diil  I  look  upon  tbe 
table,  to  see  wbetlier  this  paper  «  as  on  it  or  not. 
Btu  upon  a  qtieiiiiuu  tbut  was  asked  bim  relal* 
inif  to  some  arm*,  it  lie  knew  wbere  any  wera 
IcHfsred  in  surb  a  pUce,  be  said  no :  upon 
which,  one  of  lUe  lonU  of  the  couucil  h<*lU  up 
a  puper;  it  might  be  this,  I'oraui^htl  know; 
and  b^id,  Here  is  your  own  paper,  your  own 
hiiud- writing,  wbicli  says,  ^arms  that  are  there 
kidded  ;'  says  be,  I  should  have  writ  *arms  that 
sliould  be  tbere  lo<J«^ed.* 

L.  C.  X  Whether  is  that  the  paper  or  no  ; 
and  did  he  own  ibat  paper  thai  was  then  shewn 
lo  be  his? 

peiiifayc.  The  question  was  not  asked,  la 
this  your  paper  and  your  baud- writing?  Hut 
tt  was  shewn  to  him  as  such  ;  and  he  aald,  i 
should  have  wrote  *  arms  that  should  be  tbere 
lodged** 

Mr.  Siangan  swora* 

Ati.  Gen.  Mr.  Stsoyan,  do  you  remember 
whether  this  paper  was  shewn  to  the  priattner 
fit  the  bar,  or  any  questions  asked  him  ahotii  it, 
when  he  was  before  the  lords  of  the  council  ? 

Stunt/an.  Upon  tbe  (luestion  that  waa asked 
bim  about  the  armh%  thiii  paper  was  shewn 
him  ;  f  think  thi^  is  tlie  paper ;  I  was  nearer 
to  tlie  table  tbun  Mr.  Ueblaye^  and  did  observe 
this  paper  to  lie  upon  the  table  before  the  lords, 
and  do  take  this  to  be  the  individual  paper  that 
was  shewn  him  then. 

An.  Gen,  What  was  said  to  bim  at  that 
time  ? 

Stani/an,  The  question  was  a^kcd  Inm,  what 
he  knew  of  any  arms  ihut  wne  lodged  in 
VVesjtminstcr?  He  said  he  knew  of  none.  Then 
this  jiaiter  was  shewn  to  bim,  and  a  question 
was  asked  him  ;  here  the  arms  ore  aaid  to  be 
lodged  in  tliis  scheme  of  your  own  band- writ- 
ing \  how  came  you  to  write  so,  if  ihere  be  no 
arms  bxlgetl  ?  Mr.  Layer  said,  it  was  a  mis- 
take :  it  wau  not  intended  armii  that  are  thi  re 
lodged,  but  nrmj*  that  sihould  be  there  lod|i;ed, 
fie  said,  1  should  have  writ  arms  that  should 
he  |odge<l,  ioslend  of  arms  that  are  todueif. 

Serj,  Chahire.  The  questiou  was  couceruing 
a  paper  of  his  own  hand-  writing  ? 

Stant/an.  Yes  ;  it  was  coucludeil,  that  the 
paper  was  of  his  own  baod-writing^  and  he  did 
jiot  deny  it. 

Att,  Gin,  Did  be  say  it  was  not  his  own 
band- writing  ? — Stnnyan.  No,  he  did  not. 

Mr,  KetetUif.  Was  the  question  a^ked,  wbe- 
tlier  that  paper  was  his  hand- writing,  or  no? 

Stanyan.  No,  I  behere  not, 

Mr.  Kcttlbey,  1'hen  if  there  Was  no  question 
ai^ked,  wbetlicr  dtd  be  own  it  lo  be  his  band- 
ivriting,  or  nu  ? 

Stanyan.  He  did  not  expressly  own  it  to  b« 
bis  baud  writing. 

Att:G€n>  He  was  not  asked  that  question, 
whether  it  was  bis  baod-writtog,  or  no  ? 


I 


199] 


9  GEORGE  L 


Trial  of  Christopher  Layer ^ 


[90O 


Stttnyan.  No,  Sir. 

8erj.  Fcngilly,  He  d'ul  not  deny  it  to  be  his 
own  hand- writing  ?—5<a»i^an.  No,  Sir. 

Mr.  Wctt,  Whether  the  lords  in  iheir  ques- 
tion did  state  it  so  as  taking  it  for  his  own  hand- 
writing ? 

Stanuan.  It  was  taken  for  granted  that  it  was 
80,  and  he  made  no  offer  to  deny  it. 

Prisoner,    Pray,  Sir,  let  me  ask  you  one 
question  about  the  arms  ?    When  I  was  asked, 
if  there  were  any  arms  Iodised,  did  I  not  an- 
swer in  the  negative,  and  said,  No  ? 
Stanifan,  Yes. 

Prisoner,  In  relation  to  the  arms,  yon  say, 
that  1  said  arms  that  should  hate  been  lodged  ? 
Stanyan.  That  was  a|M>n  the  lords  asking 
you,  to  explain  that  part  of  the  scheme  relating 
to  arms ;  and  when  you  said  you  knew  of  no 
arms  that  were  lodged,  then  said  they.  How 
cM>me  you  to  mention  in  this  scheme  of  your 
own  hand •  writing,  arms  that  are  lodged?  To 
which  you  answered,  I  should  ha?e  writ  arms 
that  should  be  lodged. 

Prisoner,  When  1  was  asked,  why  I  did  say 
arms  that  were  lodged  ?  Why,  saith  I,  my 
lords,  I  know  of  no  arms.  It  that  was  my 
pafier,  and  I  had  writ  it,  I  should  have  wnt 
arms  that  should  be  lodged. 

Att.  Gen,  My  lord,  we  pray  that  the  papers 
may  be  read. 

Mr.  Hungerford,  My  lord,  we  hope  that 
these  papers,  (though  tor  my  part  I  know  not 
what  they  are ;  for  there  is  no  hint  of  them  in 
my  brief)  shall  not  be  read,  for  this  reason ; 
the  evidence  which  hath  been  given  for  the 
king,  hath  not  brous^ht  them  home  to  the  pri- 
soner. There  is  no  legal  proof  that  the  papers 
are  of  his  hand -writing ;  and  consequently  he 
cannot  be  affected  by  any  thing  that  is  in  them. 
As  to  what  is  said  of'  the  likeness  of  hands,  that 
we  humbly  hope  is  no  evidence  at  all.*  The 
first  witness,  Mr.  Donley,  he  hath  said  it  is 
like  his  hand ;  but  he  gives  that  opinion  of  his, 
on  the  knowleilge  he  had  of  the  prisoner's  hand 
fourteen  years  ago  ;  and  by  some  letters  he  re- 
ceived from  him  about  five  years  since ;  men's 
bauds  may  differ  and  vary  even  in  five,  much 
more  in  fouKeen  years. 

What  follows  is  the  evidence  that  hath  been 
given  by  the  gentlemen  belonging  to  the  secre- 
taries* otiice. 

1  personally  know  them  to  lie  gentlemen  of 
good  sense,  integrity  and  honour,  and  ibr  my 
part  1  believe  every  word  they  say;  which  is 
more  than  1  can  say  of  the  other  witnesses  hi- 
therto produced.  But  what  these  say,  doth 
not,  with  submission,  affect  the  prisoner:  they 
we/e  present  when  the  prisoner  was  examined 
before  the  lords  of  the  council ;  none  of  them 
heard  the  prisoner  acknowledge  that  the  papers 
were  writ  by  him,  or  that  he  did  own  them  as 
his ;  neither  was  he  asked  any  question  to  that 
purpose ;  neither  did  the  nature  of  the  exami- 
nation my  lords  of  the  council  were  then  upon, 

*  See  this  Case  cited  ai  to  thi^  point  in  Dr. 
Hena^'a  CaaCi  a.  d.  1758|  i»fr^ 


lead  them  to  such  ^  question :  The  lords  were 
not  asking  BIr.  La>er  niiestions  to  fix  an  evi- 
dence iqion  himself.  But  the  lords  having 
some  papers  before  ;hem,  and,  according  to  the 
duty  of  their  high  stations,  being  intent  npnn 
discovering  what  mi^bt  be  of  danger  to  iiis 
majesty  and  the  public,  they  asked  MrLaywy 
where  the  arms  were  deposited  at  We  '-~ 
ster  ?  He  answers,  that  be  knew  of  nona 
or  to  that  purpose.  It  cannot  in  law  or 
be  from  hence  inferred,  that  he  did  own  the 
papers  to  be  of  his  own  hand- writing.  The 
only  evidence,  therefore,  which  can.be  inaialed 
on  to  entitle  these  papers  to  be  read,  is  the  efi< 
deuce  of  likeness  of  hand,  which  is  noevidcnoe 
at  all  in  a  criminal  case. 

In  my  lady  Carr's  case,  it  was  not  nUowed 
to  be  evidence ;  and  yet  tharwas  not  n  capital 
case,  but  a  case  of  misdemeanor  only,  it  WM 
l»erjury.     But  there  is  an  authority  beyond  all 
that ;  we  have  the  act  of  parliament  for  the 
reversal  of  the  attainder  of  colonel  Sidney,  who 
had  been  convicted  ujion  evidence  given  oil*  ihi 
similitude  of  hands,  and  that  a  much  atrongtf 
proof  than  what  appears  here ;  for  €!ook  nad 
Cary,  two  fain«»us  goldsmiths,  swore  ihty  bo- 
Ueve<i  the  treasonable  liiiel  laid  to  ooroneTSid* 
ney  to  be  writ  by  him  ;  and  assigned  that  for  n 
reason  of  their  belief,  for  that  they  had  received 
several  bills  from  him  of  the  like  hand-writinK 
which  they  constantly  paid.     Nay,  one  of  tCft 
goldsmiths  swore,  (as  I  remeinlier  the  trial) 
that  he  saw  the  colonel  write  a  receipt.    Somo 
other  cases  of  this  nature  might  be  quoted,  hot 
we   depend  upon  the  authority  of  my  lady 
Carr*s  case,  and  the  act  for  reversing  the  aU 
taiuder  of  cohir.ei  Sidney,  which  is  iaslar  am* 
nium  ;  for  in  that  act  the  reas«m  assigned  for 
reversing  the  attainder  is,  for  that  the  convie* 
tion  and  attainder  were  found  upon  a  siinilitwln 
of  hands.*     We  have  an  attested  copy  of  tb* 
act  here  ready  to  be  read.     In  erasequeooe  a^ 
this  act,  my  lord,  similitude  of  Hands  b  nevip 
to  be  given  as  eiidence  in  a  criminal  case :  aoA 
therefore  we  humbly  hope,  that  tliis  paper  i^ 
not  so  proved,  as  to  be  read  in  any  couii,  kai^ 
must  be  rejected :   it  is  not  proveil  to  be  bi^ 
baud  by  any  that  ever  saw  him  write ;   nwthg^M 
hath  any  body  beai-d  him  own  it  to  be  hia. 

Mr.  Ketrlicy.  My  lord,  I  beg  leave  to  ii^  ^ 
few  words  in  supp«>rt  ot'  this  objection.  We  «Bie 
not  know  what  is  the  pur|K>rt  of  this  paper.  ^ 
daresay,  Mr.  Hungerford,  as  well  as  myn^BM 
hath  not  seen  one  tittle  relating  to  it  wbM  ^^ 
ever ;  but  1  hope,  for  the  sake  of  evidence*  '^^ 
sacred  and  eternal  rule  of  evidence,  that  si CK^*^ 
tilde  of  hands  shall  not  go  for  proof,  wb 
|ierson  is  chargc«l  with  a  capital  offence, 
shall  in  due  time  endeavoui  to  lay  befc 
Court  several  material  objections  to  the 
of  some  of  the  witnesses;  but  at  preseve 
must  suppose  them  unexcejitionable,  wauM 
sider,  with  respect  to  this  aingle  point, 
this  paper  is  sufficiendy  pram  in  i»  i 

80«,uidvel.l 


^ 

% 


J017 


for  High  Treason. 


A.  D.  1722. 


[soe 


["t  ift  IS  to  be  reftd.    Mrs.  Mafon  an  J  tbe 
^en  Inve  endenvoured,  by  a  jun»hling 
\t»  piofe  ibe  idetility  of  the  pajiers, 
!•  hand  tbem  down  frism  one  tti  aiiotlier: 
tl«w  ilo  tbey  af^peAr  to  be  of  Ibe  prisoPKM'^D 
Wwtimg?     Mr,  D«y ley  says,  fun ili^eii  or 
jCBiTB  ag^o  be  nasi  bii^  cl^rk ;  tbat  five 
jwta^o  b^  reei^^'ii'ed  letters   ii-mn   bitn;    and 
|kM%»ekirfty  founded  bisojiitium  tbnt  it  was  I 
iba  fnMper's   hind  wriUDor,  because  be  bud 
It    with  those  Inters,  and  tbat  ibe 
like:    and  yet  tbtwe  letters  wilb 
eomparett  ibis^a^Hfr  be  baiH  not  in 
ama  m  produce.     Tbis  u  tlie  9iib!>tance  of 
ilnlij'a  evidence. 
A|r  [0fd^   I   humbly  insist,  tb»t  thii  is  not 
and  if  coi»]mri«on  i)f  baiid»  was  to 
?^  aairely  Ibis  would  m»l  do,  uiikfisbe 
those  jiaperSf  oti  wbirh  bt*  oivns  be 
bim  u|iiiiion.     1  refer  it  to  tbe  jnrv, 
lie   rnay  not  posfiibly,  nny   probablVi 
ermu  eons  judgment.     Abulia  man  be 
itiii  i.r  hirt  life,  liecuose  tbe  witness  saw 
II  years  a{fn,  and  received  letters 
yeiirs  ag-o  i*     i?^  any  ibiiiir  nnore 
_  iban  H  mun^s  bnn<Utviitin|j^p     Cmi 

4Mll»r  of  yOM,  Creotlefiieti,  take  iipttii  you  to 
ay,  i»bal  *s  or  iii  not  \rntr  Hritiiicf  alitr  s(> 
{vUi  a  Jf  oiftb  of  time  P  '  Would  n*ti  i\m  difle- 
rcBlaubjccrts,  tbe  one  a  coiimion  btter  of  busi- 
am,  tile  oilier  a  treitMrnnble  sfbeiopf  make  a 
weuMe  rariatioD  er  en  In  a  inairti  utiuaj   clia- 

e  caae  of  my  lady  Carr  is  reported  in  Si- 

I,  fol.  4I9«  and  was  u|mn  nn  iiidirtment  of 
an  otJipoce  of  a  tmitiU  h«f»r  ntiture 

wrbai  ibia  genilemao  i«  mow  iriet!  ior  * 
lhai«r «  witofsa  awore  be  believed  fbe  fiajior 
apadtmst  m  roitrt  to  be  ber  band-  wi  iltn^r^  yt-t  it 
wdtuH  tnaiimit  tn  micIi  a  proid  as  to  nuike  ber 
(nby  ;  N»\  ,  tbe  Courl  miA  expressly,  tliar  ii 
via  rifit  rvid«-nce,  and  s^bovdd  not  be  Lidiniltt'il ; 
laA  «.  V  tbe  was  aequilletl.      Jlot  iIim 

I%Ih  i'V  is  wbat  Air.  Iton^erford  batb 

attiiril,  t^}*;  till  of  pitrbaiorni  tor  (be  reversal  of 
Ikt  ait4it>itrr  of  eolotiel  8o)fiey  ;  anrl  ive  bare 
i9ito«a«  bete  ready*  ibal  rxaotined  it  witb  ihe 
monl,  tbat  provm  it  to  be  a  true  cop)'.  Al- 
ftraoci  J^idnry  was  a  Mai  ore  tl  of  bi;;h4reasoii  by 
■nibindt?  of  liaiids,  aud  ibat  Mfna  tbe  remon  of 
tlMfrtrrvab 

Hk  two  oejtt  wilnensea  are  Mr.  Defataye 
Ml  tir.  Hian^no^  ffrnttrineti  of  honour^  and 

w«*tiUl  liOl  Mfain  a  point  upon  any  aet-finnt 
fifr.  Mr.  Delafnye  ibitb  not  know 
vMirr  ilii»  papr  waa  on  tbe  lable.  whtn  Mr. 
|j^  >»Mn  ritainiuMl  lefore  tbe  lurd^  of  tbe 
iMi«r»l«  or  no:  Mr.  Hiauyaii  nuyt,  be  was 
iPiii  ■  ImI  orarcr  tbe  table,  and  be  lakes  tire 
f«pr  It  at  t»  410 w  proilueed  to  be  tbe  f^ame 
pfttr  lKa»l  «ra«t  ttmoi  tbe  table  in  tbe  room  W* 
tncvlAwkirdaof  ibe  numril,  wbru  Mr,  Layer 
wi»  Ibfifv  •  W*eause  when  it  w us  produced 
llwf«'  V  o  to  bitn,  be  said,  I  sboubi  bate 

wtmk  I  slioulrl  he  b^iljfed. 

II  «^  o«  «»^  tbat  be  never  was  asked 

Ibt  '.  ^^  bether  it  was  bia  baDd-vrntiot;^ 


or  DO?    How  then  sbouM  be  deny  it,  if  it  wat 

never  nut  to  bini  ?  Aud  tbe  refore  to  say,  be» 
c^\u(i  be  did  not  def)y  a  ipieslion  ibat  Ha»i  never 
askifl  biin,  that  tbat  ^ball  imiM>rt,  as  to  tbis 
puHirular  maiterf  a  eonfi^ssion,  i»  to  me  fitrange 
and  ntiaccountiible  !  Tbe  natural  sense  of  tbe 
prisoner's  wordw,  as  proved,  is  no  more  than 
tbis;  Nop  if  I  bud  writ  it,  I  sboidd  have  rather 
*vrote  arms  ibut  should  be  Iwlg^ed,  than  arms 
tbat  were  loflg^eci  Therefore,  my  lord,  we 
bumbty  apprehend  they  have  not  given  evi- 
dence m  this  case,  sutftcient  evidence  to  sup* 
port  the  reading  of  those  pa[>ers. 

Your  ]ordsbi|is  are  now  to  by  down  m  per- 
petual rule  of  evideucc:  for  latest  posterity  will 
pay  a  just  regfard  to  the  present  dtterminutiuoa; 
and  if  comparisan  of  banda  in  tins  cajie  be  al- 
tovicfl  as  evidence,  tbe  same  rule  must  for  ever 
hidd  in  all  parallel  cases;  and  <iod  kuowi 
VI  hat  may  be  the  consequence  of  such  a  revo- 
lution, Or  who  may  be  affected  by  it. 

Sf-rj.  Frngeiiy.  My  lord,  we  l>oj»e  th&t  nol* 
viitbstanding  wbat  bath  been  obiected  to  the 
reading  of  tbis  paper,  we  think  it  proper  to 
have  it  read  :  though  ibc*y  have  mentioned 
sonic  cases  for  to  maintain  their  objections,  yet 
the  latter  aulborities,  and  the  constant  course 
of  evidence  since,  as  we  tliink,  are  diri^tly 
w  iib  us :  as  tbe  case  of  my  lord  Fre%too,  where 
ei|ilil  or  nine  of  the  judj^es  were  present. 

Jn  the  rase  of  the  lady  Carr,  there  is  that 
opinion  insisted  on  g-iven  at  tbe  end  of  tbe  case 
in  a  sliwrl  on  intelligible  manner* 

(Here  Mr.  Hony^eiford  interrupted.) 

31  r,  Hungrtford,  My  lord.  1  do  not  know 
wbelbtfr  vrc  sIjuU  be  at  hbeity,  v»hen  the  king's 
counsel  have  done,  to  read  tbe  act ;  and  tber e^ 
bire  1  otfer  it  to  your  lonliihip's  consideratioo, 
wbtlher  wetiboubl  not  read  it  now? 

L.  C\  J.  Heiul  ibe  act  id  p:irliari»enl. 

Mr.  Krtcthetf    Call  Mr.  Tlit^eilain- 

Att,  Urn.  We  are  apprized  of  ibat  act  of 
parltanieiit ;  I  have  an  examined  copy  of  tbat 
act ;  but  we  ap^irebetid  it  will  not  eocne  up  to 
wbfit  tbey  lite  it  for. 

Mr.  KtUiLri/.  We  have  five  acta  of  parlia- 
meni  tbut  we  have  examioed  with  tbe  records  ; 
we  ibd  not  kut^w  where  they  would  fiboot  at 
us,  and  therefore  were  rraolved  to  be  aimed 
C«p-a-|K'e, 

8erj.  Vcn^cHy,  As  to  my  lady  Clarr's  easef 
it  will  be  brird  to  mLiintaifi  that  opinion,  because 
tbe  letlfiH  I  hey  produced  uere  not  in  tbe  di- 
rect instance  of  the  perjury. 

I^eu  the  art  of  pai^liamettt,  wbicb  tlifty  pro- 
duce, it  ttiketi  no  tire,  that  a  paper  wa^  found  in 
tbe  cbj*tt't  of  Mr,  Sniney,  ainJ  wa-  read*  with- 
out provin;^  it  to  be  bis  own  bniirl'iiiiitrO|^:  is 
tbis  paper  louud  wiLbout  any  ov^iiir**;  iind  ac- 
knoviledgiof^  it  by  the  nrisonrr?  r-«nf»tthis 
paper  delivered  by  Mr,  Liytr  himself  to  Mrs, 
Mason  r  Had  nt't  be  this  pnper  in  bis  custody, 
and  it  f»roc^ded  tVom  bim  P 

in  the  case  of  my  tord  l^esion,  there  were  a 
fifreat  nuuiber  ol  jud^^ts,  my  b»rd  chii  f  juNtice 
lloh^  brd  ctiief  jiiiitictf  Hollexfen,  and  others  % 


90S] 


9  GEORGE  I. 


Trial  of  CkrUiopher  Layer ^ 


there  the  iDdtctinent  of  my  lord  Preston  was 
his  adhering  to  the  king's  enemies;  and 
amongst  other  overt  acts  alleged,  his  carrying 
several  papers  of  instructions  to  inform  the 
French  king  how  to  attack  the  kingdom  :  Mr. 
Warer,  who  had  been  an  under  secretary  to  my 
lord  Preston,  swore,  that  he  believed  some  of 
those  papers  to  be  like  tlie  lord  Preston's  hand, 
and  they  were  all  read  in  that  case  by  the  opi- 
nion of  the  whole  court,  though  they  were  the 
very  express  overt  acts  alleged  in  the  indict- 
ment itself:  how  doth  this  stand  here,  sup- 
K«ing  no  use  is  made  of  the  evidence  of  Mr. 
oyley  ?  When  this  paper  is  shewn  to  Mr. 
Luver  himself,  before  the  lords  of  the  council, 
and  was  mentioned  as  a  paper  of  bis  own  writ- 
ing, and  he  is  asked  how  he  come  to  write 
arms  that  are  said  tliere  to  be  lodged ;  his  an- 
swer is,  I  should  have  wrote,  arms  that  sliould 
be  there  lodged ;  is  not  tliis  sufficient  evidence 
to  prove  a  confession  ?  Doth  not  this  amount 
to  an  evidence  of  his  confessing  it  to  be  his  own 
writing?  So  here  is,  as  we  apprehend,  the 
evidence  not  only  of  the  thing  itself,  but  like- 
wise the  prisoner's  own  declaration,  that  he 
was  the  person  who  wrote  it.  In  sir  Henry 
Vane's  case,  the  warrant  given  in  evidence 
against  him  was  proved  only  by  witnesses  who 
believed  it  to  be  his  hand  ;  but  here  is  a  particu- 
lar fact  which  (we  apprehend)  amounts  to  a 
confession,  and  is  a  proper  evidence  for  the  jury 
to  consider  of,  whether  this  be  not  a  confes  • 
siOn. 

Aii,  Oen.  My  lord,  I  apprehend  that  we 
have  given  very  proper  evidence  to  entitle  us 
to  read  this  paper :  my  lord,  J  beg  leave  to  ob- 
serve first,  that  it  hath  been  proved  that  this 
paper  was  found  amonir  the  papers  which  the 
prisoner  delivered  to  Mrs.  Mason,  to  he  kept 
for  him,  which  were  seized  in  her  lodgings,  as 
the  witnesses  have  before  acquainted  your 
lordship,  and  if  that  were  all,  this  paper  must 
be  read.  As  to  that,  the  lord  Preston's  case  is 
direct  in  point,  and  so  determined  by  six  or 
seven  judges,  tiz.  that  papers  found  in  the 
possession  of  the  prisoner  may  be  read  without 
further  proof.  But  we  insist  that  this  paper  is 
legally  and  regularly  proved  to  be  his  writing 
by  the  evidence  of  Sir.  Dovley,  and  the  pri- 
soner's own  confession;  the  counsel  for  the 
prisoner  have  mentioned  lady  Carr's  case,  and 
the  act  for  the  reversal  of  the  attainder  of  col. 
Sidney,  and  say  they  have  a  great  many  other 
cases  to  the  same  purpose. 

I  defy  them  to  shew  any  one  single  case, 
wherein  it  has  been  determine<l,  that  proof  of  a 
person's  hand  by  a  witness,  who  swears  he  has 
seen  him  write,  and  knows  his  hand,  and  be- 
lieves the  paper  produced  to  be  of  his  hand- 
writing, is  not  a  sufficient  proof,  in  a  criminal 
prosecution,  that  that  paper  is  such  a  person's 
band,  before  my  lady  Carr's  case :  if  that  case 
does  support  the  opinion  they  have  laid  down  : 
in  all  actions  such  evidence  hath  been  con- 
stantly allowed ;  then  1  shouM  be  glad  to  know, 
what  law  or  what  reason  has  made  adiifemioe 
^  to  fuch  evidence,  between  d? il  aetioiyiy  awl 


[9M 


criminal  or  capital  prosecutioiM.    Ai  ti  i 
lady  Carr's  case,  the  book  is  Toy  i 
obscure ;  I  believe  the  prisoner**  com 
not  make  it  support  what  they  now  ( 
for. 

Lady  Carr  was  indicted  for  pajnry,! 
posed  to  be  committed  in  an  maawer  wmh 
her  before  a  master  in  chancery :  what  iili 
said  about  a  letter,  does  not  appear  at  alts  ta- 
late  to  thecase  there ;  and  if  any  jndgoMlw 
down  such  a  position,  as  has  beaa  OMiliaBil 
by  the  other  side,  the  meanmg  moat  he^  Ifaak 
an  answer  on  oath  shall  not  be  fUailai  Iv  a 
letter  only  under  the.  party's  band  ;  and  ttaft 
such  a  letter  should  nut  be  a  sufficient  I 
to  convict  him  of  perjury. 

As  to  the  case  of  col.  Sidney,  it  ia  i 
known  that  he  was  a  gentleman  of  q«iail|,i 


in  his  study  a  writing  was  found,  tI 
neral  Treatise  of  Doctrines  and  "^  '^ 


▼is.  AOa- 


were  very  distasteful  to  the  then  _ 
writ  in  answer  to  a  book  formerly 
It  was  not  a  scheme  for  raising  a  rel 
was  it  designed,  for  any  thing  that  _, 
that  it  should  go  out  of  his  own  doaet, 
papers  being  seized,  this  paper  was  fooad  fkttn 
among  them  ;  and  for  this  he  waa  inJiflhi.it 
high-treason.  It  was  generally  Uiod||ht  tfH 
tremely  hard  to  make  his  having  by  biai  mm 
a  general  tract,  writ  in  answer  to  a  pailicalia^ 
book,  and  kept  private  in  his  doaet,  an  0faa%? 
act  of  treason.  However,  he  was  fbnnd  fsil^' 
and  attainted.  No  wonder  then,  when  tt||r. 
came  into  pariiament,  that  they 
proceeding,  and  reversetl  his  att 
the  reasons  recited  in  this  act,  as  ii 
for  this  reversal,  are  accumulative ; 
taken  in  that  proceeding  is  complaii 
there  is  not  stress  laid  only  upon  the 
this  iiaper,  but 

The  act  recites,  <«  That  col.  Sydmnr, 
means  of  an  illegal  retom  of  the  jury,  ij 
nying  him  his  lawful  challeogea  to  toe  |Bi 
men,  for  want  of  freehold,  and  withoot  '^ 
cient  legal  evidence  of  any  treasons 
mitted  by  him,  there  being  produced  a 
found  in  his  ck)set,  supposed  to  be  hb 
writing,  which  was  not  proved  by  any 
witoess  to  be  written  by  him ;  but  Ike 
was  directed  to  believe  it  by  comparing  it 
other  writings  of  his :  and  besides  tnt " 
so  produced,  there  was  bi|t 
prove  any  matter  against  him,  and  by  a 
and  unjust  construction  of  thestatutci  a^ 
sons  was  most  unjustly  attainted."  A*^, 
the  act  reverses  the  attainder.  Surdy*  ^ 
nature  of  the  evidence  we  have  given,  U»  V^ 
this  paper  to  be  the  prisoner's  hand«  *^T 
sidered,  it  stands  clear  of  any  materi^t-^^ 
tion  that  can  be  raised  from  that  act  J*^ 
not  barely  proved  by  a  comparison  of  ■■■■ 
here  is  a  witness,  that  ofteu  saw  his^  T, 
swears  it  to  be  his  hand- writing:  tby^  TJ; 
multitude  of  papers,  some  oflmd  to  ts^B^ 
by  similitude  of  hands,  and  every  mm  ^" 
waa  read  in  my  lord  Preston's  ease.       ; 

JBaaiflhap  been  ia  that,  whiohl  b«  "^ 


^fm  High  Treasrtft, 

I  ft  cmifcssioii  by  51  r.  Layer,  I  but 

hl*^  ^^riung";    if  ibe  question 

Iter  by  tlte  1r»r<ls  uf  ibe 

-xver   are    cousicJered,  it 

lin  confcs&inn  of  it ;  tlieretore 

k  it,  that  we  hure  given  a  suflS- 

ffrr  the  readisg  of  ibis  pat>er  ; 

f  shjill  haTc  yaur  lordship's  di- 

IsbmH  he  read. 

"odicr  of  the  kiog^'i}  counsel  of- 

If  there  was  any  occasion,  you 
»srd;  hut  there  is  no  occasioo. 
" :  '  fty  the  witnesfieji  that  these 
vtr.  Layer's  possession,  that 
.  ,,..;u  to  Mrs*  Mason,  that  sbe 
ft  up  in  her  trunk,  aealed  as  they 
rrd  to  her  by  Mr*  Liiyer,  and  after- 
i'lA  of  her  trunk  by  the  messen* 
^t  rf  ifi^y  rest  it  here',  and  no  other 
bt  t  u  ijiven  ;  the  papers  ougbl 
1  bt-.ujT  W\s  papers,  which  he  once 
tiou,  if  nothing  else  had  been 

in  the  werld  be  an  authority 

t^an  that  of  my  lord  Presloo, 

hicb  were  in  his  custody, 

tody,  were  read  witbout 

T'M-n  uva  they  were  \m  hand. 

oasider,  this  g^oes  further ;  it  is 

Ipcr  found  in  his  custody,  but  it 

Rten  with  bis  own  band  I  How  do 

It? 

Iter  of  tins  gentleman  tells  you  he 
rk.  lived  ^ilb  him  two  years;  af- 
ned  letters  from  him  about 
business  lie  did  accordiu;^  to 
oil  ol  thosa  letters,  and  was  paiil 
f  by  htm  fur  it,  and  that  he  believes 
*"  ftd.  If  they  had  g-one  no  furlber, 
I  ba?c  doubted,  hut  that  according 
cour»e  and  ride  of  evidence  it 
Then  they  make  an  ohjec- 
hnw  h»ij|p  Jt  ii  since  he  was  his 
lahout  H  or  15  years  agjo:  his 
I  altered  iu  that  time  ? ery  mnch  ; 
can  you  swear  it,  when  it  i!%  so 
~"|iv  htu  i,an,|  ?  Why,  says  he, 
ir'rs  from  biru  five 
ix  Ills  ai/ent ;  ihii* 
Tr  T  ,  be  sent 

■♦lit  I  nt'  letters 

sd  Vi^iib   this  paper,  and  from 
I  Wirre  that  his  tharacler  is  not 
pow  do  vou  know  be  writ   those 
iwtri'd  tlio<ce   U'lters^  and  they 
' '    ifi  which  1  did  for  him,  and 
Id  me  %ery  hon«»«rably  for 
I  ■        \*ctehis  writ- 
ii  notchnngcd 
Bp«ii    nil    \rbolc  mattc:r, 
»r  tt  tu  b*»  bit)  own  hand- 
T,   ihii  ift  ronliru^r  d  by  his 
i  I  bill  if  ii  bad   bren  an   mde- 
it  is  an  evidtMice  sufficient 
Itkk  |is|icT  read  ;  because  if  « 


A.  D,  ITflt. 


[20.1 


man  says*  be  verity  helieres  it  to  be  his  hand* 
wriking,  it  is  always  allowed  to  he  read-  You  , 
did  ask  liioi,  but  upon  what  g^rounds  do  yoti 
believe  his  character  is  not  chanored?  Wh}^ 
says  he*  I  do  principally  believe  it  from  th« 
letters  I  received  from  him,  which  1  should 
have  doubted  on  the  hand,  which  he  writ  14 
years  ago,  whether  it  wa^  changed  or  not ;  and 
I  believe  it  is  not  changed,  because  it  is  agree* 
able  with  the  characters  he  writ,  when  be  wai 
my  clerk  ;  and  upon  the  whole,  1  beliove  it  to  J 
be  his  hand' writing,  ] 

Then  ibey  tell  you  of  an  examination  of  thti  i 
genUenoan  before  the  lords  of  the  council; 
when  they  asked  hiin  about  arms,  he  knew  no-  i 
tiling  of  them  ;  then  they  shew  him  this  papei*, 
and  ask  tan),  bow  came  you  in  a  scheme,  all 
of  your  own  hfind- writing,  to  say,  arms  that 
arc  provided;^   What  was  more  natural   ihuii  ' 
for  him  to  say,  here  is  a  paper  that  doth  men- 
tion it,  1  deny  it  to  be  my  hand-writinGr  f    Bui 
be  was  sii  far  from  denymg  it,  that  as  the  plain 
sense  and  import  of  the  words  spoken  mu^t  b« 
underiitood,  he  owns  it  to  be  his  hand. 

It  is  a  mistake,  says  he,  I  should  have  wr 
which  shoiihf  have  been  provided. 

How  should  he  have  writ  that,  if  he  had  not'  | 
writ  the  other  ? 

So  considering  the  whole  cantexture  of  thK  I 
business,  and  course  of  proceeding,  it  is,  and  ' 
I  believe  none  can  doubt  it,  as  idaiuly  proved  | 
to  be  his  own  hand- writing,  as  if  he  bad  said 
in  so  many  words,  it  is  my  hand^writiug,     H 
must  have  been  read  as  a  paper  found  in  bit 
cnstoily.     The  other  evidence,  that  is  given  ttKJ 
the  jury,  will  be  a  matter  proper  for  their  con-  j 
sideratioD  ;  but  if  that  evidence  had  not  beeu^j 
they  must  have  been  read ;  they  offer  that  ag  j 
of  greater  import,  because  it  is  of  the  prt* J 
80 net's  own  hand* writing.  1 

You  tell  us  of  the  lady  Carr's  case,  which  J 
was  an  extraordinary  case,  when  she  in  hef  i 
aujswer  in  chancery  swore  that  it  wa^;  not  her  . 
hand,  they  come  to  convict  her  of  perjury,  by*. 
proving  it  to  be  her  hand  by  a  letter  "they 
produced.  J 

Gentlemen,  there  is  no  pretence  to  make^ 
this  a  question.  Do  you  think  that  the  paprr  . 
wfntb  you  offer  shall  con%'ict  llits  woniJin  of  jl 
perjory  ?  No  ;  when  she  had  s^vorii  it  wagfj 
not  her  hand,  they'  come  to  prove  it  by  a  wit*^ 
iiess  that  says  he  hehevf^s  it  to  he  her  band,^ 
because  they  produce  a  letter,  which  they  say^J 
is  her  haiiiU  Upon  thi^  the  Tourt  d*ftt^knune*»i 
that  this  evidence  shouhl  not  be  allnvrcd  ;  IIihIm 
is,  that  it  coubl  be  of  no  con^efpience  lo  Ijilsify  t 
any  mutter,  which  she  barl  declared  u{»on  oath,  l 

But  as  this  cane  its,  sure  iIi^tc  is  mit  !he  leastJ 
doubt  but  if  the  proof  of  his  hand  bii<l  heeni 
out  of  the  case,  H  must  be  read  a«  a  pafK?? 4 
that  was  in  his  custody,  and  taken  out  of  ibeJ 
custody  «d' one,  v^ith  iUi(»oi  he  hail  depoHite4|| 
it,  which  is  provoit  tK*y(iitd  nil  ronti  adiction.     ^ 

And  in  the  case  of  my  lord  Preston,  and  iii^ 
a  thousand  eases,  it  bath  hten  so,  and  u 
was  denied* 

True,  U'they  come  and  sAy*  it  this  his  li«nd  f\ 


n 


9  GEORGE  I. 


I  Ibe  witneM  says  I  «1oiiH  know  whether  it 
bis  band  or  do  ;  I  have  seea  something  of 
i  haDil,  and  I  don't  know  but  it  may  be  hiif 
lod ;  it  is  not  rig^ht :  but  the  witness  must 
round  bia  belief  stronger;  1  ha^e  seen   bini 
^rite»  and  I  know  bis  writinj;,  therefore  I  be- 
iere  it  to  be  bis  band.    II*  tbey  had  rested  it 
m  that,  that  the  first  evidence  knew  bis  band 
14  years  ai^,  that  must  be  lefl  to  the  jury, 
wbeiber  tbey  believe  Mr.  Doyley's  evidence  ; 
because,  says  he,  I  saw  him  write  14  years 
ago.    The    possibility  of  that,  if  there  was 
nothincr  else  in  the  case,  mi^ht  be  left  to  the 
jury,  whether  that  evidence  was  sufficient  to 
iatisty  tbem  that  it  was  his  hand.     Upon  the 
whole,  never  was  any  thing  clearer  tlian  that 
this  must  be  read  as  a  paper  found  in  his  cus- 
tody, that  hath  in  the  usual  manner  and  method 
the  proof  of  being  his  hand- writing. 

Prixoner,  If  faro  out  of  time  I  beg  your 
lordship's  pardon ;  I  will  not  take  up  your 
brdship's  time ;  1  only  beg  a  word  or  two ; 
whether  there  is  any  legal  evidence  as  to  the 
publiftbing ;  the  indictment  says,  *'  publicavit 
quoddam  malitiosam  seditiosura  et  preditiorum 
8cri|>tum,"  and  that  is  not  that,  that  is  the  de- 
claration. 

£.  C.  J.  WbateTer  you  say  or  offer,  although 
h  happen  to  be  out  ot  time,  we  will  dispense 
with  you,  when  out  of  time ;  but  what  you 
offer  now  is  upon  a  mistake,  we  are  not  upon 
the  paper  you  should  apply  it  to,  that  is,  the 
matter  of  your  declaration,  but  we  are  upon 
the  fcbeme-paper,  not  whether  you  published 
it,  but  whether  you  writ  it.  * 

Prisoner,  1  am  charged  in  the  indictment  as 
publishing  a  malicious,  seditious  and  traitorous 
writing. 

£.  C.  J.  Yon  are  charged  with  that  as  an 
overt* act  of  the  treason  of  compassin^r  and 
imagining  the  death  of  the  king ;  that  yon  did 
publish  a  malicious,  seditious,  and  traitorous 
paper,  that  is  the  matter  of  the  declaration. 
The  matter  now  is,  not  fur  publishing,  but 
whether  there  is  a  reasonable  proof  given  that 
it  is  your  hand- writing. 

*  <*  Writings  of  tbis  nature  [tending  to 
vilify  or  disgrace  the  king  or  to  lessen  him  in 
the  esteem  of  his  subjects,  or  uny  denial  of  bis 
right  to  the  crown,]  inasmuch  as  the  very  act 
betokens  greater  delibei-ation  and  malignity  ; 
may,  I  think,  with  strict  propriety,  be  urged 
more  strongly  against  the  writer,  as  evidence  of 
a  treasonable  intent.  13 ut  this  must  be  takpn 
witji  some  reserve.  Writings  plainly  appli- 
rablc  to  some  treasonable  design  m  contempla- 
tion are  clear  and  satisfactory  evidence  of  such 
desij^n,  although  not  publisiied.  if,  say  Mr. 
Justice  Foster  and  Mr.  Justice  Blackstone,  the 
papers  found  in  Sidney's  closet  had  been  plainly 
relative  to  the  other  treasonable  practices 
charged  in  the  indictment,  they  might  have 
been  [legally]  read  in  eridence  against  him." 
See  East's  Pl«u  of  tbeCrowDyCliap..a.nelr  M6r 
and  tba  booka  there  rdanad  I0b 

i 


•1 


Trial  of  Christopher  Layer^ 

Just.  pQwyt,  Tliis  is  only  a 
not  an  overt-act  sufficient  to  ooBricC  MS* 

Sol.  Gen.  My  lord,  we  offer  tbiepi^M 
strong  evidence  corroboratiofp  pnd  eninmi 
every  thing  which  bath  been  aim  ly  | 
witnesses,  and  we  pray  it  may  be  nai.  ^ 

Mr.  Hu^gerford.  1  was  reading  Iha 
parliament  when  they-  ■ 

Sol.  Gen,  My  lonf,  we  miiat  htg  ^Kfm 
insist  U|H)n  the  course  of  proGCcding,  that  4 
counsel  shoulfl  not  go  on  to  aiyae  a  Mi 
after  the  opinion  of  the  Court  baa  bees  giM 

L.  C.  J.  Now  you  have  beard  th9  epift 
of  the  Court,  you  must  not  go  on. 

Mr.  Hungerford,  I  was  kMikiag  apoo  1 
act  of  parliament^-^- 

L.  C.  J,    You  remember  Fraiicia*a 
there  was  a  letter  taken  up  at  hia  Ma 
was  disputed  whether  that  should  be  read; 
last  a  witness  came  and  said,  1  have 


write  several  times,  and  I  bdiere  it  ta  be 
band  ;  and  it  was  read. 
3Ir.  Hungerford.  Ay,  hastily 


(Clerk  of  the  Crown  reada  the  SokoNL) 

The  Scheme. 
Ah  defkut  de  la  force,  ilfaut  employtr  la  rm 

1.  Let  the  general,  and  only  one  ofiieer 
note  in  tbe  camp,  agree  upon  a  day  for  el 
cution. 

9.  Let  the  officer  that  day  put  faiiaeelf  < 
the  Tower-guard. 

3.  And  as  there  is  eight  seijeanta,  vis.  thf 
of  the  first  regiment  ot  foot-guarda,  three 
the  second,  and  two  of  the  third,  all  rod} 
an  hour's  warning  to  obey  orders ;  cariy  I 
morne,  let  the  officer  see  a  single  person,  na 
ly  George  ^Vilson,  who  manages  these 
jcants,  and  give  him  directions  to  biingt 
all  to  some  convenient  place  at  lour  that  a 
noon. 

4.  Then  the  officer  must  give  each  set 
money  sufficient  for  the  purpose,  ami 
'em,  that  each  serjeant  order  25  men  (ir 
together  200,  which  tbey  have  ready) 
singly  out  of  the  camp,  and  meet  toge< 

church-yard,  exactly  half  i 
past  eight  in  the  evening,  when  and 
anrither  officer  that  they  know,  must  in« 
and  take  tlio  command  ;   give  'em  ' 
ready  loaded,  and  march  wit)i  them  ii 
to  the  Tower-gate,  at  nine  tliat  night  ( 

5.  Our  friend,  the  officer  within,  r 
cisely  at  that  hour  of  nine  be  on  tbe 
the  Tower-gate,  and  seeing  this  bod 
apiiear,  order  the  garrison  to  let  'eo 
recruit  sent  to  the  'i'ower- guard. 

6.  As  soon  as  ever  iliey  have  enter 
the  arms  at  the  Tower  gate,  shut  tl 
and  secui-e  every  one  iii  tbe  Tow 
officer  on  guard  gives  them  order 
hut  not  to  shed  any  blood. 

7.  The  Tower  being  thus  setB* 
oal«  a  anall  ffturd  there  under  tbi 

.  and  tbw,  with  aUtb 


^■pOB  to  cog 


1055         TK^^^ftf  HififA  Treason, 

JOQ,  marefi  diTA^ty  to  the  Excliang;?,  where 
^  fre;«4  4twra  B»^  bfi  ready  opened,  and  the 

\m  person. 

%*  Jl  ttie  exact  boor  ofDtne,  that  the  Tower 

I  be  Ihiis  seized,  the  (persons  of  some  great 

I  tt^  be  Atresled  at  their  houses,  bronchi  di- 

the  city,  aDd  delirered  to  the  ge- 

"Hiat  tipoQ  our  meeting^  at  the  Exchange, 

ed  PfocUmation  tw  be  spread  about ; 

of  the  city  to  be  shut  up,  and  pieces 

brought  dovi^o  against  'em,  hut  every 

ilemres  to  enter  the  gates »  before  any 

fbrce  appear,  to  be  admitted  to  come 

after  the  genera f  has  appointed  a  guard 

l^te,  acid  inlet*  of  the  city,  with  proper 

tit  command  there ;   kt  him  march 

l^oeral  rendezvous  under  the  cannon  of 

^Tower,   and  order  the  lord  mayor  a  good 

f«H  to  wateh  over  the  Bank,  but  iirit  take 

wmm  frr>ni  thence  to  the  Tourer,  in  order  to 

10.  Tbut  OD  the  morne  of  this  same  day, 
J  t*j  have  an  inter  view  with  some 
«btf  prhictpal  ofiicer  of  the  camp,  and  order 
^^^  to  eognge  alt  friends  to  attend  at  their  re- 
'\tm  posts»  and  expect  a  token  *  to  he  sent 
l9Cftcb  of  them  as  that  very  night,  on  receipt 
^  «bich  token,  thty  are  to  draw  their  men 
9^  And  march  directly  to  the  artillery  in  the 
emp,  a$  a  place  of  genera]  rendezvous ;  and 
fkaH  Uie  captain  of  the  artillery  may  not  be 
llirBied,  let  this  principal  omccr  previously 
wnA  a  message  to  him,  that  orders  are  come 
Irom  tbe general  (Cadogan)  to  double  the  guard 
«f  tbe  artillery,  on  a  rumour  that  li  spread  of 
dK  mob  l*eiog  np  in  the  city* 

It.  The  party  being  come  to  the  artillery 
with  the  said  principal  officers  at  the  head  of 
'on,  let  ^em  immediately  draw  tbe  gnns  round 
'ro^  and  stand  U|K>n  their  defence,  without 
fealdog  any  deula ration,  until  the  said  principal 
■ficer,  who  commands  in  chief  there,  receive 
cerlMti  inteliigence-f  from  our  general  that  the 
tWef  is  seized  upon,  and  the  city  all  in  arms, 
md  tbeu  under  a  pretence  of  securmg  the  king*s 
Msiofi  from  the  insults  nf  the  mob,  kt  this  of- 
iber  make  a  detachment  to  take  him  into  cua* 
tnihr,  and  send  him  into  the  city  to  the  general 
•t&t  Tower. 

I  U  To  facilitate  the«e  proceeding*?,  let  the 
rMperal  the  same  day  speak  to  the  horse-ofBcera 
'  s  ibe  camp,  who  he  knows  to  be  our  friends, 
Hi  vpofi  the  Tery  first  alarm  of  the  city's  bar* 
lif  rerotted,  lit  'em  march  their  men  to  either 
Ulgale  or  Newgate,  on  pretence  to  suppress 
Ifct  mob ;  iind  when  they  are  at  the  gnt^^  as  a 
feben  of  their  being  friends,  let  the  watch-word 
fca  *  tbis  morning/  and  upon  giving  us  the 

•  It  may  be  a  note  in  writing  thus :  Sir, 
In  meet  you  at  nine  to-night,  don't  fail  me. 
1.  S,  lonner  Edition, 
f  k  v»*rbal  message  by  a  third  person  that 
be  by,  when  the  general  und  this  chief 
Con«Hlt   together  liH  morne.     Former 

VOL.  XV r. 


A.  D.  1752,  (Sl6 

word  there,  to  open  the  gatM  and  let  'era  in, 
and  as  soon  as  they  are  entered,  to  march  di- 
rectly to  Tower- hill  and  juiu  themselves  with 
the  general  tliere. 

13.  Let  the  general  also  the  same  day  or- 
der four  of  the  half- pay  captains  to  take  upoo 
them  the  following  cummandij,  viz. 

14.  First  captain  to  go  into  Southwark,  and 
exactly  at  the  liour  of  nine,  to  make  a  bonfire 
in  the  fields  there,  and  give  some  money  among 
the  mob ;  end  ^vhen  you  have  got  a  number 
together  J  send  an  account  to  the  general^  tukc 
the  arms  that  must  be  lodged  there^  and  distri- 
bute out  amongst  'em  to  your  acfjuaiiitance  in 
the  first  place,  and  to  tho<>e  which  they  recom- 
mend, and  then  issue  out  the  declarations ;  and 
after  the  receipt  of  a  token  from  the  captain 
next  mentioned,  whn  is  to  command  in  Palace- 
yard,  to  ferry  over  tliilher  in  lighters,  wiih  the 
watch -word  *  this  morning/  and  join  the  cap- 
tain in  Pa  lace- yard. 

15.  Second  captain,  exactly  at  the  hour  of 
nine,  to  be  in  Privy*garden,  adjoining  to 
White-hall,  with  a  few  gentlemen  armed, 
find  seize  upon  the  great  guns  there,  and  then 
spread  the  declarations,  and  stay  there  under 
the  cannon  till  a  greater  body  join  you  from 
Soulhwark;  or  otherwise  nail  up  the  cannoni 
and  march  directly  t(j  the  next  captain  in  St* 
James^s-park  with  the  watch-word  ^  this  mom^ 
ing,*  and  then  send  the  token,  as  above,  to  the 
first  captain  in  Southwark,  and  let  the  mes- 
senger jou  send  conduct  him  and  his  men  to 
you  in  St.  JamesVpark. 

16.  Third  captain  at  the  said  hour  of  nine,  to 
go  into  St.  Jameses- park,  with  the  key  that  t« 
given  you  of  the  private  door  out  of  Arlington- 
street,  and  appoint  only  some  few  gentlemen 
lo  meet  you  there  exactly  at  the  hour  and 
ready,  f»ne  to  have  the  watch -word  you  give 
them,  which  must  be  *  this  morning/  IjtI  your 
first  rendezvous  be  at  the  little  grove  under  the 
wall  near  the  gate  leadmg  to  Hyde- park,  and 
there  you  will  meet  fire-arms  ready  charged* 
Then  march  down  to  the  parade  next  I  he  horse- 
guard »  and  seize  upon  the  cannon  there,  and 
ammunition  in  the  store-house ;  and  the  better 
to  secure  St.  James's- park  for  a  place  of  general 
rendezvous,  you  shall  have  nn  officer  out  of 
the  camp  exactly  at  the  hour  of  nine  come 
to  your  assistance  with  some  men,  as  he  and 
you  shall  agree  in  the  morne  of  this  day,  nnti 
as  soon  as  you  have  seized  the  cannon  here,  and 
ammunition  aforesaid,  you  are  to  put  your- 
selves in  a  posture  of  defence,  and  puhlisfi  the 
declaration,  and  send  forthwith  to  the  general 
at  the  Tower  to  let  him  know  of  your  siluotion^ 
and  also  send  to  the  captrtins  iu  Palace 'yard, 
Southwark,  and  Tultle- fields,  that  they  imme- 
diately come  and  join  you. 

17.  Fnurtii  captain,  exactly  at  the  hour  of 
nine,  the  evening  of  the  tome  day  to  be  in 
Tattle  fields  ;  raise  the  West  minster  mob 
there,  and  with  the  arms  that  are  there  lodged 
equip  them  as  you  can:  piihlisli  the  decfa- 
rations,  and  march  to  St,  Jameses-  |»ark  directly, 
and  join  trilh  ihem  there,  wlio,  on  your  givingi 


811]  9  GEORGE  L 

them  the  watch-worJ,  are  to  admit  yon  into 
the  park. 

IB*   Ho  tiere  helag  two  bodies  of  men  Ibus 

fDtleo  l(H^etl»er  the  first  ni^bi,  riz.  ooe  on 
ower-biU  and  Ibe  uiher  id  St.  Jameson -park, 
(besides  oor  frieoda  at  tbe  artjtlery  in  Iiydc- 
park.)  Tbe  D€ja  niorijing",  if  not'tooocr,  let 
aur  |Feiieral  order  a  detach metit  to  Lincoln's* 
ion-oelilfl,  and  soioe  caoaou  to  be  placed  on 
tbe  terras  cvf  ibe  garden  therei  lest  tbe  eacmy 
come  in  tbere  between  8t«  JametVpark  and 
Ibe  cUy. 

19*  A  proper  eaplaio  must  be  appointed  to 
Ibe  watermen  belonging  to  the  Thames, 
previous  to  tbe  day  of  executioOf  be  muit 
f  with  the  duke'.s  Largetiian,  thai  upon  ihc 
i  noiice  lo  be  given  them,  that  they  abrni 
ill  the  watermen t  and  bring  them  lo  a  r^jodez* 
DU«  the  same  hour  of  nine  that  night  of  exe* 
lion,  and  tliis  captain^s  rendezvous  muU  be 
Greenwich,  where  be  must  seiste  the  ma- 
1  of  powder,  and  take  out  such  pari  of  it 
ch  man  will  carry,  then  blow  up  tbe  rc&t ; 
ch  from  thence  to  the  Tower,  and  join  his 
with  Ibe  general  there,  to  whom  be  must 
St  send  a  messenger  with  the  watch  word, 
and  an  account  of  bii»  numbers* 

90.  8om^  time  before  execution,  the  general  lo 
•end  a  mensenger  to  particular  men  in  the  couo- 
iry,  that  Ibey  rise  in  ibeir  resi^ective  counties 
|vpou  Ibe  6rsi  news  of  n  hat  is  done  here. 

*2U  All  officer,  &c«  to  go  to  Richmond,  and 
at  the  exact  hour  of  nine  to  seize  upon  prince 
VnUy  Man,  and  brintjf  him  away  to  8oulhwark 
Ui  some  particular  plat  u  appointed,  where  an 
ai^eni  from  the  general  mu&t  meet  them  with 
his  furtlier  orderi. 

8crj*  Pengeliif.  We  read  this  as  an  ev rdencc 
liat  cannot  be  mistaken,  which  is  all  of  his 
vn  baud- writing*. 

AU.  Gen,   My  lord,  we  apprehend  that  this 

imtirms  what  both  the  witnesses  haresworu. 

[^  iievj,  Pen^tUi/*  We  ftball  now  produce  some 

ei  fipts  fiuh«ciibed  by  ilie  name  of  James  R. 

_  nd  pray  that  they  may  be  read,  these  were 

'  kkewise  among    tho&e  papers,  as  hath  bctrn 

prored  in  the  manner  you  have  heard  already* 

CL  oftheCr.  reads  one  of  them. 
*  I  acknowledge  to  have  received  from 
♦  the  sum  of  which  sum 

P  J  promise  to  repay  with  an  Interest  for  it  Ht  I  he 
'rate  of  peraunnm.  Ja:^ie«j  K.* 

/*,  C.  /.  They  are  not  read  as  if  proved,  the 
lud  is  not  proved,  but  as  papers  found  on  him. 

I  8oi»  Gen.  In  my  lord  IVtston'i  case,  his 
1i»rdslilp  was  taken  in  the  bold  of  a  ship  Iving 
upon  the  ballast,  and  Ashton  there  near  liim, 
and  between  his  lordship  and  Ai»bton  was  found 
lying  also  u^ion  the  halliist,  a  packet  of  papers 
\\^  -r^:  ^  hton  t:natched  up,  and  put  into  his 
J  1 1  vv h e iicf  ill ey  wc re | inseot ly  taken; 

iUi-   ,.,.,,  u  hich  appeared  to  he  my  lord  tVes* 

biotrs,  when  he  was  spcictary  of  state,  were 
Ibimd  lying  near  to  the  papers.  Upon  this 
^roof  Inose   papers   wet«   read  as  evidence 


Trial  of  Chrutopher  Layr^ 


[SIS 


against  my  lt>rd  Preaton^  witlmal  any  proof 
made  of  tneir  being  bis  band  «^lang,  m  order 
to  tbe  reading  of  them. 

BIr.  Hungerford*  My  k>rd  Prest-ju  was  I 
on  board  a  ship  going  to  F  «  in  i 

with  England,  these  papers  ^  i  m{ 

bosom  of  Mr,  Asbtoo,  who  was  gning  wiib  bj| 
my  lord  endeavoured,  so  far  as  be 
throw  them  over-4>oard:    Tbe     "       _^^ 
turn  upon  tbe  papers  being  writ  bjf  fl^H 
Preston,  or  not ;  in  my  lord  Preston's  cSSSf 
papers  contaiDe»d  a  diiicovery  of  tbe 
of  the  fleet  and    garriaons  of  EngltBii 
France,  in  order  to  enable  France  tof8«aile  nsj 
it  signified  notbinff  who  writ  the 
crime    was    ibe   ljaviu|^  ibfm,  ki 
ctioicuts  f>f  (hem,  and  endearouriog 
them  to  France,  so  tlie  circuii^tancai  of  my 
lord  Preston  widel  v  diifer  from  ibia. 

Mr.  KeUlbey.  I  he^  leave  to  meatioo 
ther  thing,  there  the  papers  were  fouod  in 
custofty  of  my  lord  Preston  ;  herif  ihvy 
found  m  the  custody  of  a  third  person^  v 
evidence  we  shall  controvert  by  a  numljer  of 
witnesses,  w  hen  it  comes  lo  our  turn.  1  be* 
lie  ve  it  will  appear  that  some  of  the  papers  wera 
found  on  the  table  in  my  lord  Presto n*s  caaCt, 
and  others  taken  out  of  bis  pocket.  — 

Sol.  Gefi*  No^  they  were  first  found  1] 
on  the  ballast. 

Mr.  Ketdhty.   What  were  found  on  Af 
and  liken  out  of  bid  bosom,  were  seen  1;^ 
on  the  ballast ;     but  there  were  otber  }n| 
icized  at  that  time. 

SoL  Gen,  Tlicy  were  the  same  papers 
were  afUrwards  taken  out  of  Ashton*s  ' 
which  w?reread  as  oviilence  against  my  lonl 
Preston  upon  the  circumstances  I  have  men* 
iioned. 

Mr*  KtUtbty.  As  I  remember,  some  of  tbea 
werti  found  on  the  table  in  the  cabin. 

Just.  Eyrt,  ^io,  the^^  were  on  the  ballaat  Ja 
the  hold  of  the  ship. 

X.  C,  J.  You  say  that  they  were  found  in 
lord  Preston^s  po^  ess  ion,  and  iKit  in  the 
session  of  Ashton ;     you  say  my  lord  Pi 
bad  no  counsel,  but  you  know  ii  is  the 
the  Court  not  to  sutTer  auy  tbiug  to  be 
evidence  thai  ouglu  not.     You  say  yi 
controvert  this  matter,  and  give  an  answer  to  il, 
^md  thntit  appears  they  \iere  not  in  his  cuj 
they  were  taken  out  «f  this  witnesses  c< 
and  under  \\\^  seal,  aud  thei-efore  the  diffei 
it  makes  i«»  nothing  at  all.      Besides,  the  pi 

in  my  lord  Preston's  case  is  not  so  stnnig'^ 

the  proof  of  the  scheme  against  the  piisonefi 
because  the  scheme  is  proved  to  he  his  own 
hand  \vriting,  v^litch  was  not  in  tbe  caie  of  my 
lort)  Pieston. 

Mr.  Ktteibetf.  3Iy  lord,  will  not  your  lord' 
ship  think  it  necessary  lliat  they  give  further 
evidence  that  they  are  his  papers  betore  tl 
are  read  ? 

L.  C.  J,  riead  tliem. 

Ci.  qffheCr.    ^*  I  acknowledge  to  have  t«^ 
ceived,"  ^c.  h«re  are  ten  of  ibem,  that  are 
same. 


ffIS] 


for  Hi^h  Treamn* 


A,l>.  1722. 


fSI4 


6crj«  Ptngeliif,  Mr.  Sfanyfto^  ^o  yon  re- 
••iBl«tr  «»li«ther  uny  r|iii*HtiotiK  were  a&ked  him 
rilli  rdflliofi  tfi  ihci&e  rtf^eipi  ,.> 

til.  Wliat  I  recollect  is  this:  upon  ilie 

J  Mr.  l*aytT  ibf  tneaijiutf  of  tho^e 

rmtiett  by  Ihe  PrelftwIiT,  ami  vUiat  iis^ 

iortbero,  be  said,  ^*  that  fKirmirtlietime 

tn««i  At  Rome,  he  hnii  ftetiled  a  corresprMi- 

4mim  vitit  sir  Willmm  EHi^  nnd  some  litiie 

whrnwrnim  be  writ  to  sir  Willi»Ei^  EWm  acciiril- 

la^  l»  flie  clMt-cljoiis  be  (pive  Umu  axid  lie  told 

luiiWAf  Itc  could  send  any  recei|>l»  sigucd   by 

lifywty,  or  the  kioff,  as  lie  called  him,  bV 

Him^  motir y  mi(;bt  oe  rai8e«l  iipoo  lljem  for 

flnyjo^  iio  the  caiij»e,^*  these  were  tbe  \^  ord^> 

aiMarct  I  ran  remcmher. 

Jlir  ''  -       ^Tr,  Delalaye,  «a^  you  b\  ? 

Mt  It  was  for  mibitit;  rn'^iipy  ^^ 

firn  v'fj   i.i^  oause,    you   iiieati  &ir  Willmiu 

tMit  e»v*e  f-^S/anvan.  No,  Sir. 

Nt  iittn^ctjh/d.  He  ucknovvledj^d  to  bave 
f«0fi4  ttnem  from  sir  WiUmn)  Elbsf 

SUnvnn.    Yes. 

Mr  Vou  saiil  he  owned  be  bail  tbem 

ftni  V  lu  Etlis,  havings  fiptllt'd  a  corres- 

■HiliDti  wtlit  Uinit  that  money  might  he  raised 
M  tbckv  to  carrv  oil  \m  cause;  he  told  you  be 
U  tMrnusM  10 ^Q  for  sh  Wiiham  EHis  ? 

fifiiip^«si.  No.  1  know  notbiog^  of  sir  Wjl- 
fijin  r  ^  '  ic^ess,  bul  that  he  had  appoitited 
li  <U)  ith   itirWdlinm   Ellis,  and  sir 

ii\  c^jnH  i;r'^v^  tiitu  bis  address  how  to  di> 
t  biin,  «iid  he  acknowb^Iged  to  bave  re- 
I  a  letter  or  tetleni  from  »ir  William  Ellis, 
m  Miut:  of  ^ones,  and  that  be  writ  to  hitn 
s*^*"-  *f^  th**m,  * 

[r  A  re  you  sure  as  to  those  words, 

Qii  MurpoTi  of  tliem  ? 

St^tyan.    I  thitik  tbey  are  near  the  words, 
bwi.  I  till  sure  Ibev  are  tbe  ]iur)iort  of  tbem. 
Mr,  Ktttihey^  Was  it  reduced  into  wrilinir  ? 
Simnytin.  It  was  reduced  into  writing  in  this 
■ttuoer*      It  was  a  fery  lon^  examination, 
iloal  foor  or  Bve  hours. 

Mr.  Ktieihey,  1  ask  you,  whether  it  was  re- 
kaeei  itito  writiog^f 

Sitn^n,    Yes,  it  was ;  the  lonls  sent  to  me 
toaflial  Mr-  Delafaye,  upon  Mr.  Layer'b  bebg 
auDMied  i  Mr«  Detafaye  took  the  heads  of  the 
i  prupouodei) :  and  I  sat  near  tbe  table, 
Qfer    Mr.  Delafaye ;    attended   to  the 
and   answers;    so  that  we  ooold  set 
I  aiMlther  right  wbeo  we  came  to  coniiider 

Ir.  Kcuihe^.  Tbia  you  wrote,  was  it  read 
rif>  the  prisoner?' — Stanyan,  N<j» 
Hr.  hciciUy,  Do  you  be  tie  re  tbe  priBrmer  at 
"""  you  write? 

.  Yes,  I  bebefebesawus  write. 
Ir.  iCetelifey.  Do  you  beheire  be  thoug^bt 
ttj  |»c-r%ofi  was  ukins^  his  confession  in  writ- 
rngt'-^Sianuati.  t  think  it  cannot  be  otherwise. 
Ilr.  Keiethey.  I  ask  you,  do  you  bebevethat 
Ur.  La^er  knew  that  you  was  taking  his  cod- 
i^i^Bfiat  that  time? 

Simmjf^n*  Tbe  lords  spoke  thus ;  Pray,  take 
Mtke,  anil  tbeo  take  dowQ  sucb  a  tbiog,  and 


I  such  a  thintf ;  ami  T  believe  ftlr.  Layer  heard 
Ibem  savi  Take  down  that,  ^ind  take  down  tbtt, 

!Vf  r.  ^ttcthcy.  WnA  it  e?er  known  for  ont-  to 
lake  dnwn  the  questions,  and  the  other  the  an- 
swers; and  ihpn  to  compare  tbem  together,  in 
order  to  make  a  confession  ? 

St  any  an.  No ;  Mr,  Delafaye  wrote  down 
tbe  4|uestions  and  answers. 

Mr,  Uungerford.  How  was  the  position  of 
Mr.  Layer,  wii'li  respect  to  you ;  was  your  back 
orftice  towards  him  ? 

Stc^iiytiH,    tt  was  on  one  side. 

Mr  Hungtrford.  Was  you  in  the  room  when 
Mr.  Layer  came  in  tirst  ?' 

Sianyan.  I  wfts,  I  called  on  Mr.  Layer  by  tbe 
lords'  order. 

Mr.  Jluti^terford.  Was  it  ever  read  to  bim  ? 
-  Sianoan.   No. 

Mr.  Hungct/ord,  Was  it  drawn  np  in  form, 
so  tljftt  you  inrght  call  It  an  examination  ? 

Slufiyan.  I  will  ttM  you  what  we  imder«ilooil 
by  it ;  it  was  the  minutes  of  an  exammatioii  to 
be  drawn  out  in  form :  but  the  lords  finding 
Mr.  Layer  not  so  candid  and  ingenuous  as  they 
thought  he  would  hare  been,  did  not  ask  huii 
to  sign  it ;  ai^il  we  only  make  use  of  it  to  te* 
fresh  our  memorie!». 

Mr.  Ketrthey^  If e  calls  it  an  examination, 
and  it  appears  by  what  Mr.  Stnuyau  saitii,  ibat 
be  and  Mr.  Detafaye  took  it ;  onet^ke^ont 
part,  and  the  other  takes  another  part. 

Soi,  Gen.   He  did  not  say  any  such  thing, 

Mr,  KeUii^y.  Hii  confession  was  in^fer 
read  over  to  bim. 

SoL  Gen.  Mr.  Slanyan,  when  tiie  lords 
directed  Mr.  Delafaye  and  you  to  write  this  or 
that  particular  thing,  was  the  prisnnei  so  near 
that  in  your  apprehension  be  might  bear  their 
lordships  give  such  directions  ? 

St  any  an.   Yes^  he  was, 

Mr.  Hungerfvrd.  Sure  tbey  are  not  contend- 
ing, that  any  confession  should  affect  a  man^  un- 
less it  was  read  to  bim ,  and  it  ought  to  he  signed 
by  him  ;  my  lord,  the  man  ts  no  way  answerabtsT 
for  an)' thing  taken  in  writing,  without  bis  con- 
sent or  privity,  in  a  criminal  case :  it  is  called 
minutes,  or  an  examination,  which  tbey  migbl 
enlarge  a?i  they  please ;  therefore  we  humbly 
submit  it  to  your  lordship,  whether  it  ought  t9 
be  offered  in  evidence  at  all  as  a  confession. 

Mr.  Kctelhcy.  What  w  ill  be  tbe  canse^uence, 
if  tills  be  allowed  here?  Is  a  person  to  be  con- 
victed of  treaion  upon  a  confession  taken,  with* 
out  its  being  read  to  btm,  and  %vitbout  his  sign- 
ing it  ?  A  coufession  to  a  justice  of  peace  in 
cases  of  felony,  unless  read  to  the  party,  aiul 
signed  by  him,  must  not  be  given  in  evidence. 

Ir.  C.  "J.  Mr,  Ketelbey ,  you  seem  to  mistak* 
what  it  ii  that  is  contended  for  by  the  king's 
counsel :  they  are  not  goin^  to  offer  any  thing 
to  be  read  in  evidence ;  your  object  ion  would 
prevail,  if  tbey  were  a  going  to  read  a  confes- 
sion  as  evidence,  which  was  neither  read  to 
him,  nor  signed  by  bim  ;  but  if  there  is  no  exa- 
mination reduced  into  writinfiTt  and  signed  by 
the  party,  tbe  consequence  of  that  is,  that  Ihe 
witness  is  at  liberty  to  give  an  account  of  wbal 


I 

■ 
■ 


I 

t 


J 15]  0  GEORGE  1. 

was  said  I  and  be  may  look  to  his  D^tes  to  re- 
fresh his  memory  :  it'  you  will  siy,  it  is  uot  so 
great  au  eviilence,  of  so  ^reat  \vetght«  as  an 
examination  taken,  and  tiigned  by  the  party, 
there  its  some  room  left,  some  foundation  ca 
ail  n  pose  the  evidence  may  he  mtstakeo. 

He  asya»  he  was  examined  l>efore  the  lords 
of  the  council ;  and  he  took  minutes  of  hia  exa* 
tniuatioD :  and  atierirarda  lo  refresh  himself, 
be  looks  upon  them  and  aays^  he  heJieves  that 
ti  the  substance  of  what  he  conj^ssed  at  that 
lime.  You  say,  there  is  no  precedent  for  it ; 
for  God^B  sake  !  recoil ect  yourself,  it  is  every 
day  done  at  the  Old  Bailey  :  if  a  person  con- 
feBsetl),  and  it  he  not  in  writing,  they  do  prove 
bis  conft^ssion,  viva  voce, 

SoL  Qdn,  My  lord,  Coleman's  case,  which 
was  during  the  time  tlmt  sir  William  Jones  waa 
sttOFoey  f^enerat,  went  further  than  this:  there 
his  letters  were  laid  in  the  indtctroent,  as  the 
^ery  overt  act  of  the  liig^h  treason  charged 
a^siM^t  him  ;  and  yet  one  of  those  letters  wa« 
nrored  hy  hi^  confession^  u|H)u  an  examination 
before  a  committee  of  the  Houie  of  I^rds  $  and 
that  confession  was  proved,  viva  voce^  by  sir 
Philip  Ltoyd. 

Mr.  Keulbeif.  Whether  that  case  will  be  a 
prt'oedeni  f  1  never  beard  it  so  reckone4l. 

Mr.  Hungerfard,  And  1  ho[te  it  will  never 
lie  one, 

Mr.  Delufa^t  sworn. 

8erj,  Che%kirt.  Mr.  Delatave,  pray  give  an 
account  what  Mr.  Layer  declared  before  the 
lords  of  the  council  concerning'  these  receipts. 

jyclujayt,  The  account  he  jjave 

L.  C,J,  Mr.  Delafaye,  yon  was  present  at 
Ihe  time  of  taking:  this  examination  ;  you  say 
you  took  minute:*  in  writinjp;'  ^  you  have  told  us 
the  reason  why  it  was  not  in  form,  and  read  to 
Mr,  Layer:  if  you  have  not  already  done  it, 
you  may  look  to  your  minutes,  and  refresh 
your  memory  ;  ihut  which  the  Court  demands 
df  you  is,  what  Mr.  Layer  did  c^infess  ut  ihe 
time  of  his  •xamiuatioQ  before  the  lords  of  the 
council. 

Delafaye.  He  told  the  lords,  that  he  did 
write  to  sir  William  ElUa,  that  he  would  send 
over  some  blank  roc^ipta  under  the  king's  own 
band,  that  might  be  made  use  of,  tor  the  carry- 
ing on  this  cause :  that  he  did  receive  such  re- 
ceipts, and  his  intention  was  to  have  tried  his 
friends,  and  to  have  raised  money  am  those  re* 
oetpts. 

8i»rj.  Chtmhirt.  Did  he  give  any  reason  why 
bf  wifnt  into  that  method  ? 

Dfitifaye,  For  a  precedent,  he  said,  a  little 
before  the  restoration  of  king  Charles  3,  a  me  - 
thoil  of  this  kind  had  been  used. 

Jtt,  Gen,  iVIy  lord,  weshnll  now  proceed  ta 
read  the  letters  ihat  were  sent  and  pasted  be- 
tween tbem^sir  William  Ellis  and  Mr  Layer: 
biii  ti  will  be  proper  first  to  lay  before  you  the 
cyplicfrs  which  they  made  use  of  to  explain  se- 
vermi  cant  words  and  expressions,  which  they 
used  in  their  I  tetters. 

L*  C.  X  Were  the  cyphers  found  among 
Hr*L«jer'spftpciif 


Trial  qf  Christopher  Letter f 


[S16 


a  great  deal  of  pH 


Alt.  Gen,  Yes,  my  lord, 
Serj.  Cluihire,  Pray  lead  N».  38* 
AH,Gttu  I  dcm't  know  whether  we 
trouble  your  lordship  to  read  the  whole  cypbcr; 
it  is  very  long  ;  but  %vhen  %ve  meet  with  a  word 
in  the  letters  wfiicli  wants  ex|danaiio<k*  we  may 
have  recourse  to  tht;  cypher*     Read  the  Idler 

CL  qf  the  Cr.  reads.    This  letter  b  i 
Eustace  Jones,  &c. 

"Dear  Sir; 

**  I  received  with 
and  satistaction,  a  letter 'of  the  2irh  < 
her,  from  my  worthy  friend,  wttli  all  i 
of  \m  safe  arrival,  of  which  I  uaii  in  some 
dtiubt  before,  and  in  no  small  psun  oo  that  ac- 
count:  I  easily  conceive  he  must  tjf^cdi  liiv« 
had  a  great  deal  of  business  on  his  retitm,  as 
well  of  hh  uncle's  as  of  his  own  ;  and  there- 
tore,  I  don't  think  mucti  th.it  1  tic^nl  m 
sooner  from  bim,  believing  he  wa?«  much  bMlir 
employ^t  ^nd  that  busioets  b  to  be  preiWi^ 
before  comphment. 

♦*  I  was  entirely  of  his  opinion  as  to  the  me* 
thod  of  carrying  on  the  maniifiietoiy  ;  the  pro^ 
curinq;:  of  f^ood  workmen,  is  the  first  step  to  be 
made,  and  if  he  can  get  such,  the  rest  will  he 
easy  ;  and  particularly  if  be  could  giitn  9oin€ 
of  the  ablest  of  Mn&.  Barbara  Smith's,  1  knofr 
it  would  be  very  agreeable  to  all  conceroed* 
and  particularly  to  Mr,  Atkins,  to  whom  bi 
spoke  of  writing;  and  which,  I  am  sattslled, 
will  be  very  acceptalde  i  and  if  he  thinks  fit  lo 
inclojie  it  to  me,  I  shall  convey  it  safety  to  hji 
hands,  w  ho,  I  find,  was  very  gliii  to  bear  of 
him,  counrs  ?t;ry  much  upon  his  frieiidslii|r, 
and  hopes  for  the  coutiouancc  of  if. 

"  I  made  his  compliments  to  Mr  T;f..«»«t^* 
Watson ^B  wite,  who  t<Kjk  them  ver>  I  t 

returns  hers,  with  her  most  homtk  :_:_,-, 
She  and  her  charge  are  very  we(l»  Oi»i  he 
praised,  as  are  alio  all  friends  here. 

*^  He  having  read  uver  several  tinirt  the 
paper  1  shewed  him,  and  having  a  gtood  fite- 
mory,  1  dou*t  think  it  necessary  to  tend  %  i 
of  it. 

**  I  am  with  great  esteem  and  respect, 
most  entirely,  dear  8ir,  your  mftst  atfectiontli 
most  humble,  and  most  ol^edieut  servant, 

**  El'stace  JoTMtt,*" 
*'  January  30ih.     For  James  Foun- 
taine,  ^W{,  lo  be  leJt  at   HowelPt 
cotlee- house,  to  Great  Witd-sltvet, 
London.*' 

Att,Gen,     Your  lonkliip  is  pleased 
member,  Mr.  Stanysn  satd;  that  sir  Will 
£lli.*«  was  to  write  by  the  name  of  Jiiiitaa* 

Stan^^an,     My  lord,  he  did  suy,  that  he  I 
received  a  letter  since  he  had  i^etlled  a  cu 
jHindence  with  sir  VVthtam  Ellis  subsciribcd  I 
the  name  of  Jones* 

AtL  Gen.  la  the  cypher  air  William  Ellis  m 
calle^l  Jones, 

CI  of  the  Cr,  reads.  This  letter  is  signed 
Eustace  Jones,  dated  GOtb  Januaryi  no  yeftr, 
*«  De^  ^^  1  ttoeivedt"  ^c. 


i 


Jqy  High  Trtti^tmm\ 

Your  lanJsbip  will  be  pleased  to 
\  «X|M^MstonA  iti  ibU  leiier,  the  |iro- 
Ffvod  worktDefi :  now  look  in  the  cy- 
\  •  ttdUlicr^*  are  meaut  by  *  workmen  / 
ry*  MiiDijt)  ibe  cyjiliera;  bui  I 
Uir  whftt  tiijitiutkctory  tbev  wanted 
^  to  r*i%e  %  n  bell  ion*  ^he  ablest 
rfi«ra  Hmub's;  look  tor  <ai  my*  in 
soil  you  tvtll  Bnd,  that  is  siguiiietl 
It  vvUl  be  %ciy  acceptable  to  all 
'  : ii  !,irly  to  Ml.  Alkiuit ;  in 
rreteniler.*  Compti- 
l.iii.fiu^  Watson's  wife;  look 
plicr«,  null  *  Timothy  '  stands  for 
wlii*»e  wile  is  nurse  to  the  Pre- 
Tbift  letter  id  directed  for  James 
**4^.  to  be  left  ut  Howell's  coflfee- 
Vdi|.5U-eet;  nud  1  obser?e, 
the  prifitmer  %vei}t  by  the 
Nil.  \%  sre  six  ficliuous 
V  to  them:  Read  it. 
l^fAc  CV«  uads  No.  lU. 

*  Digby Dillon. 

Urrrry Burtbni, 

Ri^nt-  Steel » 

I      f«— ^— Tannen* 

.:^^.  WngglU 

Uogcro—piunkett," 
,'Of».    Hriid  the  letter  No.  40, 
f/  jdi,    Hi^edN*adaledthe 

rrr'TiH  wIlU    all  possible  mitisl'jictian 
D»-  i:*telHier  of  mh  May,  with 

*^v  I    was  prenentty  deliveretl  to 

^  bu  took  it  extrcTiii*  kindly  ;  but 
^  uiidiT&t^nd  wlMit  relates  to  Mr. 
n      :  ntir  answer  to  what  I 

^Ur  .  last  mofitbf  may  soon 

t  iiii¥e  lieen,  by  what  t  then 
•ritier  CJitne  sate  to  liis  baiMls, 
„..>^  ..)   your  not  having-  bud  a  dis- 
•f   Ift  It :    he  liad  the  diiK^kinsjs  yoa 
.11.  arid  returns  vtHiinnny  thanks* tor 
itl  other  marks  of  your  af- 
■\  for  him  and  bis,  and  triU 
\^*i  thereof  on  all  occa- 
i  expectation  of  heariDj^ 
•  li,  i&iid  am,  with  all  possible 
ITI,  tJciir  Sir,  your  most  faiiti- 
.lant,  N.C/* 

'»  e?M|.  to  be 
,  roH'ee*  house,  in 
<'et,  Lmdon,** 
?rx  UKiriithat  N.C.F 
,  Ci£^   A^ J  ^^^t^%  we  do  not  know^  tt  is 
I  Wmmimmu  «iq«  Mr.  8i.  JoHn 

1tr«  B«diit4  ftpy^eart  to  atoftd  for 
I  CVss^  in  tlio  iilllfl  C7pl««T. 
iiiMiii«gr^«^  Li>#kiiit«ifc.pajieni>pray, 

KjtmI  iImb  ii£iirr  N«.  41. 

r  CV    This  is  dat«d  thi*  STth  May,  it 
MJMniVf  isordtr«(rt«d  t4»  any  bcidy  ; 


^^^ A-  D.  1722.  [218 

'*  Dear  Sir  ;  Mfly  St. 

"  I  receii  ed  wttb  ■  great  deal  of  pteasuret 
tbefaFourof  your  nio«»t  oblig^ing-  letter  of  2^d 
March,  with  an  inclo'ied  for  our  friend,  iiho 
was  \^T^  [^iad  to  bear  from  ^'ou  \  anil  is  ferjr 
sensible  of,  and  lakes  very  kindly  the  care  you 
lake  of  bis  lutle  concern  there ;  but  aaya,  be 
doth  not  sufficteotty  understand  the  state  you 
sent,  so  as  to  be  able  to  make  a  particular  ao- 
swer,  till  you  Khali  furlher  explain  it ;  there 
being  some  tenauis^  mentioned  by  you,  whose 
names  be  dfies  not  liud  in  the  reutai,  as  Bur- 
ford,  8teel,  Dij(bv,  tbe  little  soldier,  and  SioH 
moadii;  the  latter,  be  beUevcs  should  hm 
Simmes,  be  is  of  the  North,  a  grey  haired 
ancient  man,  whom  he  very  \tell  remembers^ 
and  bas  a  particular  esit-«m  and  value  for,  as  • 
very  g;^oi>d  tenant,  and  a  very  honest  man. 

''  All  friends  here  are  in  perfect  good  bealtliy 
God    be   thanked,  and  remember   tbemteUe*  ' 
kindly  to  you,  and  1  am  most  entirely, 

'*  Youn,  &c.»' 

Sol.  Gen,  If  you  look  into  the  cypher  yoii 
will  tind  lieui&l  stands  as  tbe  fictitious  name  lor 
the  cypher  itself;  Burf Jrd  stands  for  tbe  lard  Or- 
rery ,^Steel  Ibr  the  Regent,  and  Digbv  for  general^  | 
Dillon.  Sim mona,  be  believes  should  be  Sim mes, 
butSin^monds  in  tbe  large  cypher  is  put  for  lord 
North  and  Grey,  and  who  is  meant,  apjiears 
pretty  plain  from  tbe  cant  which  follows.  ''  lie 
IS  of  tbe  North,  a  grey  haired  ancient  man, 
whom  be  well  renieniberii,  and  bath  a  particular 
esteem  and  value  tor,  as  a  very  good  tenant, 
and  a  very  bonsat  man.** 

Att.  Gen,  Look  for  Simmons  in  the  cypKer, 

Mr.  Hungerford,  I  can  make  one  observa* 
tioii,  that  Mr,  Harcourl  is  very  ready  at* 

CL  qf  ike  Cr,    It  is  alpbabeted,  so  that  it  b  ^ 
m^y  to  look  for  it.  i 

L.  C.  X  What  use  do  yoii  make  of  tbea^ 
letters? 

Sol,  Gen.  The  use  we  make  of  tbem  is  t^i  { 
shew  that  Mr.  Layer,  who  took  on  bim  tbe  \ 
sham-name  of  Founiaine,  by  wbieb  iiRinesc 
of  these  letters  are  addressed,  had  a  correspoii-i  ] 
dence  with  the  friends  of  ibe  TVetender  it' 
Home.  Tbai  this  corr^i^ndeDce  related  to  i 
coni^piracy,  wbicb  Has  fanDedand  carrying  oa  ' 
bert; ;  and  it  appears,  they  look  upon  ilu  in  \% 
mention  Aeveral  persons  of  distinctiim  under  % 
ktQ4l  of  jargon. 

Ait.  Gen,  The  first  letter  wherein  is  men*  I 
lioiied  tbe  carry ini^  on  the  manufactory,  the  I 
procuring  good  workmen,  and  particularly,  if  J 
he  could  gain  some  of  the  ablest  of  Mrs.  Barw  j 
bam  Smith  s,  and  that  it  would  be  very  agre#» 
able  to  all  concerned,  and  particulat  ly  to  Mr« 
AikhiH,  which  istlie  iwime  for  the  Pretender  |  j 
ahevrSftlmt  tbe  ngentsof  tlieprelender  nt  Uomayj 
iMbd  laid  desigiia  u  procure  s«4dters,  and  tbo&e^  j 
if  pOMolhle,  out  «4'  bisoti^ie<sty's  lr«>op«;  which  ( 
lalis  ill  wilb  the  e%iden('e  we  have  given  of  tbsJ 
prijiuuer*s  endeavours  to  get  aokliers  aad  ser 
jeaMts  oifl  of  tlH;  aroiy. 

Serj.  CkeMre,    it   mhj  aot  be  iaapreper, ' 
siuce  we  have  explained  itp  to  lay  belore  ycm 


S19J 


9  GEORGE  I. 


Trial  c/ Christopher  La^er^ 


[220 


the  list  of  several  |»erson8'  names  that  are  in 
the  ami}*.  Pray  read  No.  7,  oul  of  ihe  large 
4>ari<llc. 

CL  of  (he  Cr.  reads  fi  List  of  oflicen:,  names 
Willi  marks  iiml  numUns  tu  some  of*  them 

Att.  Gtn,  We  tliit  tnenlion  before  that  there 
were  ihe  n antes  of  »e?eral  j»ersor»8  of  fery 
great  bttnouraitd  loyalty  to  his  ninjcsty  ia  some 
nf  tbehst^;  but  this  is'  to  shevr,  that  tW  pri- 
soner was  consuUio^  how  he  niiijhi  gel  an  ac* 
count  of  the  aumber  of  the  lorces;  as  bow 
many  colonels^  how  mauy  captatos,  and  how 
'luaoy  soldiers  there  were  in  tlie  g^unrds  and 
0tlier  troops  of  his  majesty.  Bend  No,  5,  in 
the  hrge  bundle* 

Cl.qfihtCr,  reads  No.  5.  A  List  of  officers 
4)f  the  second ,  or  Coldstream  regititcnt  of  gnnrds. 

Ait,  Gen,  We  make  the  s;icne  use  of  itiis  to 
•shew,  that  he  was  searchio^  and  examiub^  tu 
get  an  account  of  the  guards. 

L*C.  J.  I  suppose  he  is  taking  a  surrey  of 
the  persons  thai  were  of  the  guards,  that  he 
inighi  be  capable  of  makint(  a  judgment. 

AU.  Gen.  Yes,  my  lord ;  and  to  know 
tbeir  strengib :  Look  out  No.  6,  in  die  large 
bundk;. 

CL  of  the  Cr,  reads  No.  6.  A  List  of  offi* 
cers  in  the  first  U<\*\\\  (»f  horse-grenadiers,  the 
names  being  distinguished  l)y  dilferent  letters. 
No,  7.  out  of  the  same  bundle,  A  fist,  &c.  here 
are  eleven  of  them  put  duwn. 

SoL  Ctn,  Read  No.  8»  in  the  large  boodle, 

CI.  ofiheCr.  rtadft  No.  8,  A  List,  cSrc. 

Alt,  Gen.  Yoiw  lordship  will  obscfve,  that 
I  this  ii  a  list  of  some  persons*  names,  and  the 
tiumbers  of  horses  and  men  they  were  to 
,  jirovide. 

X.  C*  J.  You  Hill  have  this  to  import  an  ac- 
count af  what  quotas  ae? eral  persons  were  to 
find. 

4'^  Gen,  The  last  was  read  for  thai  purpose : 
Bead  No.  15,  in  the  large  bundle. 

Cl>  of  the  Cr,  reads  No.  15,  containing 
dtfers  nameSf  with  numbers  set  against  some  of 
Ihem. 

Seij.  Ptngell*/,  Read  No.  20,  SI,  29,  83,  and 
S4,in  the  large  bundle. 

CL  of  ihe  Cr.  reads  No.  30»  containing  a 
list  of  the  great  officers  of  the  Tower,  No.  2 1, 
«ontaiuing  names  of  ofticers  of  the  second 
troop  of  horse -giiards,  second  troop  of  horse- 
frrenadiers,  and  ibuiib- troop  of  honie-guards. 
No.  2!it,  containing  a  list  of  names.  No.  2:i, 
containing  names  of  officers  of  the  first,  second, 
third  and  fourth  troops  of  guards.  No.  24, 
containing  the  names  of  two  officers  of  the 
borse- guards. 

Ait.  Gen,  Ijook  upon  that  list,  No.  21,  whe- 
ther there  are  not  some  private  marks  u^mn  it. 

CL  of  the  Cr,  Yes,  here  is  upon  one  of  them 
m  dot,  and  on  the  other  side  there  is  a  dot ;  and 

two  or  three  places  some  men  marked  and 
^«roii8ed. 

Serj.  Cheihhe,  Read  No,  «5. 

CL  of  the  Cr,  read?*  So.  25,  containing  a 
'  list  of  officers,  five  of  thtin  marked  to  be  *'  not 
bad/ 


ftfr.  Reeifie,    Are  the  words  *  not  bad*  of  tha 
same  hand-writing  f 

CL  of  the  Cr,  Yes,  it  doth  appear  to  me  l« 

be  so. 

Hjrj.  Penget/y,  Read  tbc'tille  of  No.  22.  J 

CL  »fthe  Cr,  Here  arc  a  great  tnany  ] 
pleV  names,  with  murks  tipoo  same,  aud  t 
upon  others :  upou  one  of  them  is  writ*! 
"  liain  Johnson,  to  he  gained.* 

8erj.  I*cnfidhj.  Read  No.  ^T^ 

CI,  of  the  Cr,  reads,  A  List  of  the  i 
men  I  of  guards ;    against  sereral 
names  are  dot^  and  mai  ks. 

8erj.  Pengctiy.  Re:ul  No.  ^^    . 

CL  of  the  Cr'  read's,  A  Lbt  of  the  i 
the  Coldstream  regiitic  iit  of  guards  ;  and  a  Lilt 
of  the  officers  of  the  Scotch  guards. 

&»/.  Gen.  Read  No,  :^5- 

CL  of  the  Cr,  reads  S^,  35.     A  Paper. 
tain  in  g  ati  account  of  the  numbers  ol  the  ^ 
cers  and  soldiers  in  the  first,  second,  and  l' 
regiment  of  loot  guards. 

Strj.  Pengdly.  My  lord,  we  be^  le 
ask  JVIr.  Deiafaye  and  hit,  Siaograo  in 
three  questions,  to  support  the  evtdi 
Mr.  Lynch  and  Mr.  Plunkett,  in  rela 
some  particular  facts ;  whether  at  the  tin 
the  examiniition  of  Mr-  Layer  belore  the  I 
of  the  council,  any  thing  was  said    of 
Layer's  being  at  Rome  ? 

Mr  HuHgtrfard,   With  humble  aoboii] 
Mr,  Laytr*s  being  at  Roaie,  and  correaponj 
with  the  Preteuder,  (if  he  did  so)  is  made 
son  by  another  act  of  pmliumf nl,  not  by 
act  of  parliuinent  upon  \i/hich  he  is  indio 
iherefore,  whether  he  was  himself  at  Romd 
corresponded   vrith  the   Pretender,  canii 
ofTered  as  an  evidence  of  high  treason  up4Mi4 
indiclmenL 

8erj.  Pen^dly,  Tt  is  only  to  shew  tb€  ] 
babihiy  nfhis  receiving  those  receipts. 

Mn  KeieUey    Since  we  did  not  know  t 
thing  of  those  papers,  we  could  not  prop 
make  our    exceptions  against  thetu,   till 
heard  them  read;  and  now,  if  ihey  proved 
thing,  it  rs  the  liolding  correspondence  witf 
Pidiender :  but  that  relates  to  another  lat 
of  parliament ;  it  is  another  species  of  tre 
and  the  evidence  wbicU  they  would  ^t 
confessiuu,  viva  voce  ;  they  say,  it  m\ 
6U|)[iort  these  papers  that  are  read  ; 
make  any  objection  to  a  paper  which  wfil 
know  nothing  of?     1  believe  few  in  the  r 
know  what  the  meaning  of  these  papers  I 
now  they  are  read  ;  for  my  part,  I  know 
little  of  them  ;  we  apprehend^  that  Inste 
being   allowml   to   support   this  evidence,  I 
proving  a  foreign  correspondence  between 
Liver  and  the  Pretender,  by  the  name  of  ] 
James,  which  is  made  treason  by  a  pafli< 
act  of  parbimient ;  Ibey  ou!>ht  rather  to 
mdictetl  lum  upon  that,  than   endeavour 
support  their  defective  proof  by  giving  eviid« 
of  an  oAence,  which  may  be  matter  of  anoi! 
eni|uiry. 

Attn  Gen.    My  lord,  we  apprehend  a  proof, 
tliai  the  prisoner  was  at  Rome^  and  bao  c 


ei^ 


1^ 


Jot  Hi;;h  Treaim* 

I  Pretender t  will  be  very  pm*  i 
ie,  and  explain  I  he  Mvi^u-rrf^  | 
vep  hy  the  witnes^^' 
amt  Vir  Wilhaiii  La     -  ..■ - 
^naac^er  ;  and  for  tbose  porposes  we 
mm  9f  it. 

Though  we  apprf  bead  we  have 
9  ttxtrenwly  strong  ali'eady^  yet 
hmm  heeti  opeued  m^y  be  ofTeretl  by 
coaEmiAtian :  notwithstamlin^ 
wbicfa  IB  made,  that  we  are  at- 
e  €f  idenee  of  another  kind  ot' 
[|<^ed  i»i  \hM  indictment,  vet  we 
Ui«t  it  is  proptj-  here,  as  cjrcum- 
uf  tlj€  treason  which  is  alleged, 
a  conspiisry  enl^red  into  bc- 
fftiitleman  mul  taiivr^,  to  bring  in 
kreiirr,  and  levy  war  for  tbnt  purpose  ^ 
1^  iftolea  aiirnc'l  innip^  T^  iitiwh  he  re- 
101  sir  Wii  at  the 

r'»««)tirL      N  ing,  hy 

ibat  tlie  piDioni^r  was  actuaJly  at 
iBtl  liaid  pc*r«onai  conferences  with  the 
r  biaifteU';  tUat^  surely,  must  be  ad* 
W  m  luaterial  eircuui&tance  to  support 
nf  iJince  other  facts,  Hje^f  leave  to 
M  it  haa  been  held,  even  since  the  stat. 
r  ^ctfi  of  high  treason,  not  laid  in 

may  be  given  in  evidence,  if 
iTicti  ic»  the  proof  of  some  oven  act 
tbvre  laid. 

C^cmMtc,    We  apprehend  your  lord- 

twieive  evidence  of  the  same  kind  of 

n  \i.s,  <  r  't*  Tr»..-  In  nrder  to  prove  the 

d  and  conspired 

, place  him  upon 

r  did  correapond  with  his  mi* 

^iiabebad  aocesa  to  the  i'l'etender  him- 

I  aai  he  did  own  it.     That  wc  iippr^hend 

J  a  ilap  higher,  somethin;^  further  than 

/badmitlMl;    and  if  it  t«  proper  e?i- 

^thrra  ia  oo  rctaoia  why  it  shouid  t)e  re- 

^^^^.^  It  b  Imef  we  have  not  indicted 
IwUlMaDfiabto  eorreapundeuce  ^ith  the 
p  Ibiercibre  they    object,  we  cannot 
"ear any  tuch  correapondeoce  upon 

■•a«  humbly  apprehend^  every  thing 

l^atn^anrtr  (hai  Hill  ^Ain  creilii  Ut 

l^  proper  evirleiice,    Jt 

tlint  a  ectuleuian  of 

» «4  lilt  U\r  Biiituld  enter  into  this 

'  deiigij^  which   \h  exprcasly  i^worn 

*o*ii»o  itiinciwe*,  whose  creilitthey 

J^^P^ii ;  therefore  we  humbly  otter 

*~  Bittal  evidence.     This  sjen- 

V  from  hi»  pi-ofes§ion,  hath 

rkiodty  ' 

'  «^i^aianidei  :> 

^^ JH'»Cf*^*t"f  irtii>isi.i.^r>  : 

*'»  I  e  cr^nht  to 

Jt     lia    ..    ^,.^i.   J*  ^otitive  ^it* 

^•**^  thiok  tl  proper,  and  sub* 

**^^  fi»  tui,  thty  art  not  g«- 


A.  D.  1722-  [2«2 

iii^  upon  an  evidence  of  a  new  overt  a«t  *if 
trea^ion  ;  the  ovcii  acts  are  ron^^ultingf  ad* 
viiiing,  and  a^jreeing  to  raiae  a  rcihellion. 

Mr*  Uun^trjotiL  I  humbly  beg  your  lord* 
ah in's  pardon. 

i,  C*  J»  If  von  will  not  hear  me,  you  will 
teach  me  not  to  hear  you, 

hlf,  Hungerford,  Sly  lord,  I  hope  we  have 
a  right  to  reply. 

Mr.  Wtit.  Upon  the  first  letter  of  sir  WiU 
haul  Eilis's  he  congratulates  him,  as  hia  friend, 
on  hia  safe  arrival. 

IVfr.  HungcrforcK  My  lord,  I  beg  your  lord* 
shin's  pardou ;  1  am  in\he  service  of  my  client* 
anj  in  endeavouring  to  do  him  service,  I  am 
verily  persuaded  1  shall  not  offend  your  lord- 
ship :  really,  for  my  part,  1  cannot  satisfy  my* 
self  that  the  evidence  which  they  tender  to  the 
Court  is  a  proper  cf  tdence. 

This  gentleman  is  indicted  upon  the  sta* 
tutc  de  l\oiiitionibus,  25  Kd.  3.  The  overt 
acts  laid  in  the  indictment  are,  his  coni; idling, 
conspiring  and  agreeiu'^  to  raise  a  rebellion, 
aod  to  levy  war  against  (he  king,  <^c. 

There  is  an  act  of  parlcunent  in  the  la^t  year 
of  king  William,  thereby  the  Pretender  m  at* 
tainted,  which  makes  corresponding  with  th# 
Pretender,  or  any  of  his  oilherenls  high  treason  ; 
and  when  any  man  commits  thai  particular 
treason,  he  ia  liable  to  be  taken  up  and  proae- 
cuted  for  it.  Now,  mv  hird«  shalj  I  hey  be  ad- 
mitted to  give  an  eviJi?nce  ol*  a  treaMin  com- 
mitted in  breach  of  one  act  of  parliament,  when 
they  are  prosecuting  him  upon  another ;  they 
may  as  well  offer  evidence  against  him  lor 
counterfeiting  the  great  seal,  or  clipping  and 
coining,  for  the  sake  of  evidence  :  we  ho|ie  tht« 
practice  shall  not  be  allowed;  if  they  are  so 
full  of  proof  (as  by  their  o^^ening  they  seemed 
to  be]  which  by  the  rulet*  of  )uw  can  reach  this 
man's  life,  which  1  cunnot  yet  see,  lei  justice 
t»ke  its  course:  but  we  humbly  hope  they  shall 
not  be  permitted  to  give  evidence  of  facts  which 
are  entirely  foreign  to  the  present  aecusatjon, 
antl  can  be  calculated  fur  nothing  but  to  capti- 
vate the  jury,  by  acquainting  them  that  the  pri- 
soner hnth  been  at  Home.  Hut  if  the  kind's 
counsel  will  htiveit  etfertually  published  thattlie 
prisoner  hath  been  at  Rona\  let  them  consent 
to  have  him  found  not  guilty  upon  this  indict- 
ment, and  let  hitii  then  be  prosecuted  upon  the 
act,  for  corrc!;pouiling  with  the  Pretender,  and 
see  what  will  come  of  it. 

Mr.  KttdiKi/.  The  act  of  parliament  that 
makes  this  new  treason  is  the  latUaod  ]  4th  of 
king  William  ;  which  not  only  makes  that 
treason  which  was  not  treason  belbre,  but  puts 
it  on  «  new  method  of  trial  in  any  county  of 
England,  vfhere  it  is  laid.  Now  they  would 
gi»e  iti  evidence  a  fact,  which  Mr,  Serjeant 
Cheshire  says  is  evidence  of  the  same  kuid  of 
treason^  though  in  a  lowt^r  degree,  and  onifbl 
to  he  received  to  prove  lb*?  utrtt  ucU  of  vm\* 
suiting  and  conspiring  to  restore,  oiid  bring 
the  Pretender  to  the  throne  :  As  to  tha  evi- 
dence that  hath  been  read,  we  could  i»ot  liate 
objected  to  the  papera,  became  we  did  not 


9SS]  9  GEORGE  I. 

know  what  they  were,  nor  whether  thfl¥  re- 
lated to  a  foreiga  or  domestic  oorrespoiideiice. 
Now,  because  they  are  read,  as  heinir  fouod  oo 
a  person  to  whom  he  gave  them  ;  shall  they, 
to  support  a  treason  o?  compassing  and  ima- 
gining the  death  of  the  king,  give  erideace  of 
corresponding  with  the  Pretender  ? 

My  lord,  I  do  not  apprehend  the  .king's 
counsel  have  given  us  any  manner  of  answer ; 
and  therefore  shall  not  take  op  any  more  of 
your  lordship's  time,  by  repeating  m  a  reply, 
what  I  offerefi  before  by  way  of  objection :  I 
rabmit  it  to  your  lordship. 

L.  C.  J.  Sure  as  this  evidence  is  offered  it  is 
very  proper;  consider,  in  the  indictment  the 
ofert-acts  are,  meeUng,  consulting,  adrising 
and  agreeing  to  raise  a  rebellioD.  The  next  is, 
pabliminif  a  traitorous  libel,  in  which  rewards 
are  promised  to  those  that  would  assist  in  this 
rebellion ;  a  third  orert  act  is,  the  enga^ng 
and  listing  men  for  the  senrice  of  the  Pre- 
tender ;  a  fourth  is,  a  designing  to  depose  the 
king ;  and  another  is,  to  set  up  the  Pretender 
on  the  throne  :  Now,  consider,  if  they  have 
not  given  an  evidence  of  these  overt-acts,  whe- 
ther sufficient  or  not,  that  must  be  left  to  the 
jury ;  if  they  have  given  evidence  of  these  acts, 
a  design  to  set  up  the  Pretender,  and  to  depose 
the  king,  &c.  1  f  they  are  not  proper  to  shew  for 
this  purpose  this  gentleman  corresponded  with 
Rome,  was  with  the  Pretender,  then  lettere 
sent  from  sir  William  Ellis  to  him  :  letten  (ac- 
cording to  his  desire)  purporting  receipts  for 
■urns  of  money  to  be  signed  by  the  Pretender, 
as  a  fotindation  to  oblige  him  to  make  re-pay- 
roent:  After  this  and  these  things  have  been 
offered,  is  it  not  proper  to  go  as  far  as  tliey  can 
on  this  head,  and  shew  how  far  he  hath  been 
engaged  with  the  Pretender  and  bis  accom- 
plices f  Sure  it  is  proper,  as  a  further  evidence 
of  these  overt- acts. 

Do  not  trouble  yourself  as  to  that,  no  use 
shall  be  made  of  that,  to  charge  you  with  the 
treason  made  so  by  another  act  of  parliament, 
about  corresponding  with  the  Prt tender,  for 
evidence  it  is  proper  here,*  and  it  neither  can, 
nor  shall  be  made  use  of  to  any  other  purpose. 

Mr.  Reevt.  Blr.  Stan  van,  pray  go  on,  and 
give  an  account  of  what  he  contessed,  when 
examined  before  the  lords  of  the  council  about 
his  being  at  Rome. 

Stanyan,  Mr.  Layer  did  acknowledge  he 
had  been  at  Rome,  and  returneil  from  thence 
in  July  17Sl,hesaid  he  had  had  two  confer- 
ences with  the  Pretender. 

Mr.  Ketelhey,  1  think  Mr.  Stanyan  said,  he 
had  taken  minutes  of  his  examination ;  I  had 
rather  see  the  minutes  than  trust  to  his  me- 
mory. BIy  lord,  in  the  trial  of  the  two  Bailiffs 
in  this  court,  the  substance  of  what  the  de- 
ceased said  was  reduced  into  writing;  and 
therefore  tlie  parole- evidence  that  was  offered 


to  be  given  was  rejected,    f  rabmit  it  to  yoar 
lordship,  whether  the  rnio  is  not  tlm  anna  in 


greater 


ly  and  anch 


bi**-' 


Trial  of  ChriHapker  Layer ^  [224 

before  your  lordship.  I  have  not  the  least 
disresp^t  for  Mr.  Stanyan,  and  couM  take  hit 
word  for  any  thing  but  my  citent'a  lif« ;  there- 
fore, we  hope  he  shall  prodnee  thoan  salei^ 
which  he  hath  referred  to  once  or'  twioe,  mw 
he  is  |(oing  to  give  a  further  aeeoont  ii  Ui 
examination. 

Mr.  HuHgerford.  My  knrd,  I  waa  noaiitl  in 
that  case ;  the  justice  of  peace  who  bad  taken 
Mr.  Lutterel's  examination  did  not  appeari  aai 
that  examination  could  not  be  had ;  tacra  wm 
a  copy  of  it  taken  and  produced,  and  pravad  ki 
court  to  be  a  true  copy,  but  y oar  hwdaUp  wmdd 
not  let  that  copy  be  read,  or  the  subject 
of  it  to  be  given  in  evidence,  unicaa  tlM 
examination  itself  were  produced. 

L.  C.  /.  Mr.  At'orney,  von  hear  ham  tha 
matter  is,  Mr.  Delafaye  and  Mr.  Stanyan  giva 
an  aocount  that  they  were  comnnamM  by  tha 
lords  of  the  council  to  attend  and  take  mlniUrt 
of  Mr.  Layer's  examination  before  them ;  that 
they  have  those  minutes,  and  have  kiokad  kt$ 
those  minutes  to  refresh  their  memoricar  W 
they  desire  they  may  be  produced,  do  yaaap- 
pose  it  P    Have  you  tlie  minntea  here  f 

Si^nyan.  Yes,  my  lord. 

Seij.  Pengelly.  Then  may  be  a  great  wtrnf 
things  that  are  not  material  to  the  preaentcain 
of  Mr.  Layer  ;  why  shenU  they  have  all  thcsn 
minutes  read  P  It  is  not  for  the  sake  of  tb« 
prisoner  at  the  bar,  but  for  the  sake  of  aonw 
other  people,  who  may  be  listening  here. 

In  the  case  of  Lutterel,  there  waa  n  o 
plete  examination  taken  by  a  justice  of 
peace :     In  this  case  there  is  no  exan 
completed  and  drawn  up ;  it  is  nothing  but  nia 
oral  confession,  and  amounts  to  no  more.  Tb^ 
minutes  the  witnesses  may  take  in  their 
as  proper  to  refresh  their  memories. 

Att.  Gen.  Their  desiring  to  have  these  mdk*^ 
notes  read,  is  not  so  much  for  the  sake  of  tkcfcr 
own  client  ar  for  the  sake  of  other  people. 

Serj.  Cheshire.  How  the  matter  in  that  camito 
was 

L,  C.  J.  It  is  enough,  1  only  asked  Mr.  A%^ 
toroey  General,  whether  he  thought  fit  to  eaaaa^ 
sent  to  it ;  and  without  his  consent,  we  are  ^4 
opinion,  that  they  cannot  be  read. 

I  asked  Mr.  Attorney  the  question,  and  mrai 
not  aware  of  any  ill  consequence. 

Mr.  Attoracy  says,  the  minutes  refer  to  ^M 
whole  examination,  ami  to  a  great  many  cvChM 
people,  and  it  would  he  for  the  diaservice  of  ^^ 
king  to  have  these  things  disclosed.  Mr«  M 
torney  might  have  refused  to  consent  wa^ta^ 
giving  a  reason,  but  he  hath  given  a  g9f>^  ^^ 
son,  and  therefore  will  not  consent  that  ll::a«y  ■ 
read. 

Mr.  Ketelhey.  We  do  not  consent  t*»  ^■f 
them,  but  insist  upon  their  being  read.  j 

Att,  Gen.  We  do  not  ask  your  eooa«n<* 

Mr.  Keteibey.   If  you  do  not  ask  it,  anor 
it,  wo  are  ao  far  even  ;  bat  I  aasore  yovs 
Ml.  Ar  .M        ■ 


■nob^ 


y&r  High  Tnoion. 

>  »liti  rnitiutes  Uketi 
^  tiiAtti!rs  are  out 
u>  the  xvorM* 
ofT  ilroppf^tl,  OA  if 
9111  irr  lor  ttie  stike  uf 
HI,  we  t!oiiiruiri  sucit 
of  couiiyef  tbr  Uuit 
^  linn  iMfth  tiiii^ly. 
\m%  we  tMivj;nrtl  cr>un«e1  for  hitiif 
jr«u  liB«l,  1  believe  you  would  not 
til  In  1 1  live  Kjud  to  niucli. 
No«  iDdeeil. 

:ciiy,  x\Ip.  SUnyonf  plense  to  r«coN 

wliru  Mr.   Layt-r  wu»  exnmined 

lor^ii  of  tiiv  coutinl«  (it  is  to  confirm 

tif  Mr.  L^Qch)  any  tLiiog-  pwi9ed 

J.     Biit  before  you  was  intendtng  to 

^      J       _•  to  Roiue,  mid  having 
'  iiiler. 
r^j^v     My  krftd,  iltut  he  bath  taid 
N«»te  I  ii^k  you   what  wds  satd 
rdiliog  to  the  drclanition  ? 
TW  kirdi  t»ked  Mr.  Layer,  >f  he 
Ijf  ih'rtjiration  :     he  saiil  no,  he  had 
lie  drew  htiotelf: 
t  declaration  waa, 
be  baJi«ircd  i>tie  VV  il>iiin  tiad  it. 

iiy.  Has  auy  ijuestiona  Mked 
M  it^ffton*  tliat  had  seeu  it  ? 
Ye*  I  be  said  the  onJy  nenont 
it  was*  that  VViliionf  oue  Uilliam 
\fm  iMO-jiiritiff  iiart^on«  umi  fme  Lynch. 
^  Bimfdly.  VV  here  did  be  meniioD  to 
hawwtt  tii  Lynch f 

i|f«i^   Oa  hies  way  to  mv  lord  North  and 
•»«!  tl>e  Green  Mhu  at  l^ppinif* 
i»  P&m^tllf,     \\^  ih^rii  any  thing*  more 
y  LAjfar,  raUting  to  Ikiat  journey  to  Ep- 
•lid  wbatf 

•5«M.  fir  iiAjd  that  he  went  to  my  lord 
I  attd  Or^y  '§,  und  dined  at  the  Green  Mao 
'•em  I  Ibini  be  carrie^l  Mr.  Lynch  la  my 
Will  and  Grey^ti,  and  recfim mended  him 
}\mi  Nfirtti  mid  Grey  %a  h  proper  peraon 
lia[y4i»^Mi.  1  think  it  was  employed  in 
MPKunn*  or  id  any  thiu^  »'lt»e,  that  hta 
ii^ibiiulii  oonunattd  him. 
It  ttitlhrjf.  If  he  i«  not  rertftin,  I  deatre 
^  pTDitiicii  hia  minutes,  as  be  (fires  bii 
e«ih  hia  inetnory. 


rl  «.»   I 
i  ti*m  tM  «iy 

on  for  hvi 


(idi<d  him  oa  a  proper 
An  uiKur'^etiUon,  and 


that  b 
3  hat  Layer 
and  Grey 
npt, 

•  youaaid  inan 

'  ed  or  lhiMrg;ht  ; 

'  lio  ofi,  the 

an  at  the 

e»  yon  aay 

•ill  as  you 


A.  D.  1T22.  1^226 

pve  m  povititre  evidcrnce^  that  thta  was  cocifest 
by  Mr*  f^yer. 

Siangan,  i  hnve  r€'4?otlect«Ml  the  worda^  and 
Mr.  Layer  used  tho^ie  wortla, 

Bf  r.  KttfJbey^  From  wtience  ia  it  that  yoa 
are  now  jso  positive,  and  were  not  sf»  at  first  f  ^ 

Sianyitn,  i  did  say  the  wordii  »!  hrsl. 

Mr.  Kettibey.  Elut  yi»u  said  <t  wiili  an  alle* 
▼iaiioo  ;  I  deitire  to  know,  if  you  are  pouiira 
Iboae  were  the  worda  f 

Stanyan,  1  am  very  poaitiTe, 

Mr.  Kcteibej^.  And  yet  you  were  not  posiiif* 
before  r 

Siani^an,  f  did  not  lay  I  was  not  positif  e. 

Mr.  Hungcrford,  Did  you  give  your  evi* 
deuce,  that  you  was  certain  he  t^aid  that  he  bad 
recommended  Lynch,  as  a  proper  person  Ui  bn 
eonceruetl  in  an  insurrection  4nifeoeral,or  only 
&a  a  proper  per»)n  to  seia^  my  lord  Cadogaii, 
or  both  ?  IJow  did  he  ejirprcss  faim*felf? 

$lanyan.  1  will  telt  yuu  how  tht;  v^ordi  were: 
Lynch  iiaving  told  him  he  would  seize  my  lord 
Cadotpin.  Layer  recommends  Lynch  to  my 
lord  North  and  Grey  as  a  proper  person  for  audi 
an  attempt. 

Mr.  Hungtrford*  Then  the  insurrection  was 
out  of  the  5^aae  ;  he  was  only  recommended  tn 
my  turd  North  and  Grey  aa  a  proper  per^u  td 
aejze  my  lord  Cadogun. 

Mr.  Ktitlbcjf,  I  think  you  have  repeated  it 
three  timea,  and  ihlferentat  each  time  ;  unw 
please  to  rectify  your  n^emory,  and  let  \is  have 
It  BO  aa  it  may  be  understood. 

1  must  deoire  it  in  this  case^  my  client  is 
upon  hia  hf«>,  and  ho  ahould  have  riij;hl,  1  am 
sure  he  will  have  it  from  the  Court  and  iha 
Jury. 

We  desire  to  know  whether  you  give  tucli 
an  evidetice  of  this  part  of  hi«  confession^  with 
respect  to  [\\&  rt^com mending  IVlr.  Lynch  to  my 
lord  North  and  Grey»  a2»  you  will  i^iiind  by  i:* 

M r .  Hu ngtrfitrd,  M r .  Stany an »  pray*,  give 
an  account  once  for  all  how  that  matter  was, 

Stanifan.  J  can  give  no  other  account* 

]Vlr.  Keleihej/,  lie  hath  vaneil  every  time;  I 
appeal  to  Mr.  Allorney,  I  appeal  to  your  lord* 
abip, 

i,  C.  X  Wherein  it  the  variaiioa  ? 

Mr.  Kctnlbey,  First  he  ncquaiutt  you,  that 
he  coiifesiiefj/that  he  recommended  Lynch  to 
my  lord  North  and  Grey,  aa  a  tii  per«on  to  btt 
em  I  *  '  ^e  Uiitjks,  or  helitives.  it  wa§  in  ait 
lu  ]    and  then  he  sayii,  he  m  ]»ositire 

thuk  f.ir  ><  v.tanmended  him  to  my  loni  Noitli 
and  Grey,  an  one  that  Wtt»  tit  to  he  employed 
in  an  iiMUrreclion,  nr>d  »t  last  he  aayat^  hf*  was 
recommendvd  by  Mr,  Layer  to  my  h>ni  North 
and  Grey,  as  the  tit  per-iM>ii  to  seiace  my  lord 
Cadu4ran.  1  apprai  to  your  lurdt^hip^a  mm* 
luory,  uind  hia  own  oath,  whether  thiji  wan  nol 
so,  and  yet  he  ia  poaittve  of  it,  he  in  sure  of  it. 

L,  C*  J*    Is  there  auy  diderence  in  all  thiaf 

Mr.  Ketcllfey,  As  much  as  betw«eu  being 
certain,  and  being  uncertain, 

X.  C.  X  For  what  ^  Vou  talk  of  the  vsrit* 
tion  between  an  inaorrection  and  selling  ttiy 
lord  Cadogau.    Tlie  insurracttou  was  uanly  %m 

Q 


I 


9  GEORGE  L 


Triat  of  Ckmfophw  Layer^ 


tie  made  on  the  fteiz'm^r  my  lord  Cadograti,  at  the 
fame  lime  an  to  tkeilitate  the  insurreciion  ;  both 
•ware  to  go  trigelher  ;  if  he  was  a  proper  person 
to  seizes  my  hird  Cailogtm^  he  was  a  pro|)er  per- 
foil  to  be  employed  in  an  insurrection. 

Mr.  Ketdbey.  He  is  charging  the  prisoner 
vith  his  contessiont  ami  therefore^  I  say,  he 
liAlh  mentioned  it  with  two  or  three  variations : 
'firHt,  that  he  was  tit  to  be  employed  in  an  insur* 
rectton,  and  he  explains  ttiat  by  seizing  my 
Jonl  Cadog'an. 
^     L,  C.  /.   That  IS  part  of  the  insurrection* 

Mr,  KtUlbey.  Surelyi  my  lord,  this  serres 
to  make  otsr  objection  so  much  the  stronger 
^^ainal  aliowiog^  parole  evidence  of  a  confes- 
smni  ifhich  was  put  in  writinir-. 

Att.  Gen,  1  can't  imat^ioe  what  they 
mean  ;  here  is  a  ^enileraan  that  ^ves  an  ac- 
^ntmt,  that  the  prisoner  confe^^ed  that  he  re- 
commended Lynch  to  my  lofil  North  and  Grey, 
as  u  proper  person  to  be  emplnyed  in  the  insur* 
nectiont  and  to  seize  my  lord  Cadogan  |  where 
is  the  variation  in  thi;*? 

Soi.  Gen.     Mr.  Stanyan,  j'ou  was  wtrinpf  an 

mccotmt  of  Mr  Layer's  recommending  Lynch 

toroy  loid  North  and  Grey;    did  Mr.  Layer 

declare   any  thing  further   relating   to    thai 

h  matter? 

Siangan,  He  said  my  lord  North  and  Grey 
feceifed  him  civilly  ;  he  supped  there,  and  lay 
there  that  nighty  and  they  dined  tliere  the  next 
day. 

Sol.  Gen.  Did  he  give  any  account  of  what 
passed  at  dinner? 

Stanyan,  1  donH  know  whether  it  wasju«!t 
I  At  driiner,  or  afierwards  :  but  he  said  tliat  se- 
veral healths  were  drunk,  which  were  be^un 
by  my  hrd  North  and  Grey  ;  and  after  dinner 
there  came  in  a  man  they  called  a  citizen,  they 
drank  the  Prctender^s  health,  bis  wife  and  the 
young  prince. 

St)i.  Gen.  Did  the  prisoner  say  any  thing 
about  the  christening ol  hit  child? 

St  any  an.  That  was^  when  he  confessed  be* 
fore  the  lords  that  he  was  at  Rome ;  in  the 
conference  he  had  with  the  Pretender,  he  lo^}k 
occasion  to  speak  of  the  discontents  of  the  na- 
lti)n,  which  liati  bt-en  occasioned  by  the  losses 
sustained  in  the  8oulh  8ea.  The  Pretender 
Hsked  him  if  he  knew  any  persons  of  dislinc- 
tion  in  thet  case  ?  He  said,  that  he  knew  a 
great  many  that  were  well  ^a Reeled  to  his  inte- 
rest ;  that  he  was  not  acf|uainted  with  people 
of  quality  ;  but  that  he  knew  several  of  ffood 
estates  that  were  very  well -affected  to  hi?!  mle- 
rest*  Upon  this  the  Pretender  asked  hiia  se* 
feral  cjne^tioos  ;  says  he,  it  must  be  Tery  ex- 
pensive to  you  to  come  hUher  to  Rome,  it  must 
cost  you  500/.  N0|  sajth  he,  not  above  half  so 
much.  Then  the  Pretender  praisefl  his  zea(» 
and  commended  him  ;  afker  that  Mr,  Layer 
asked  the  Pretemler  to  pire  him  some  tokens 
or  credentials,  thai  he  mi|f hi  have  sometbing 
fi-om  his  majesty ;  that  would  be  a  means  of 
his  ci^aining  cretlit  among  his  friends  here.  He 
isys  the  Pretender  scrupled  that:  then  Mr* 
Layer  proposed  al'tematds  that  the  Pretender's 


wife  should  stand  aagml-motber  to  his  daogh* 
ter,  to  Mr.  Layer's  daughter ;  I  hat  aflerwardi 
col.  Hay,  to  whom  he  was  iutroilncsetl  at  the 
Pretender's  court,  brought  him  word,  that  the 
Pretender's  wife  wouhJ  stand  as  godmother  tA 
his  child  :  but  then  tho  question  was,  wIm 
should  represent  her  ?  And  alier  somelicieit 
was  proposed  to  Mr.  Layer  to  find  out  a  fitpifw 
son  to  represent  her.  Mr.  Layer  proposed tke 
duchess  of  Ormond,  which  was  agrcel  le^ 
after  that  the  Pretender  agreed  to  aimiid  i 
father  with  his  wife,  and  then  the  poiotl 
who  should  represent  him  ?  And  coL  He 
him  that  he  must  take  care  of  that^  tu 
proper  person  to  represent  his  majesty. 

Sol,  Gfn.  VVljat  account  did  be  giVe  of  ^ 
was  done  in  pursuance  of  this,  when  he  4 
into  England  ? 

Stanyan.     When  hecamcmto  Engtao 
said  he  applied  himseif  to  one  Mr^  Tbon 
to  spetik  to  my  lord  Orrery  to  stand  to 
sent  the  Pretender  with  the  duchee 
mond  :  but  he  said  my  lord  Orrery  d« 
and  afterwards  he  got  my  lord  North 
to  stand.    That  Mr.  Thompson  did  cUnMail 
child,  my  lord  North  and  Grtjy  and  the 
of  Ormond  staniling  as  proxies  for 
tender  and  his  wife  ;  my  lord  North  i 
did  staml  to  represent  the  Pretender^ 
dnchess  of  Ormond  to  represent  the  PreU 
wife»  knowing  they  ilid  so. 

And  he  w^as  asked  by  the  lonis,  who  i 
company  at  the  christening  ?  He  Kntd,  enW 
duchei^*;  af  Ormond,  my  lord  North  and  u 
Mr.  Thompson  the  minister,  himself,  and 
wife,  and  another  woman,  at  whose  hou 
chrisleninif  was  performed  :   but  he  said,  j 
was  not  present  in  the  room,  thong li  she  i 
ed  at  the  christening. 

Mr.  West.    Did  he  mention  any  tinae 
this  clirislening  was? 

St  any  on.  About  the  spring :  I  cannot^ 
that  question  was  asked  him  by  ttie  lordvi: 
J  cannot  a.scertain  the  time. 

Mr.  Wc9t.  Did  he  say  any  thing  i^alil^ 
roy  lord  North  and  Grey  ? 

Stanyan.    He  told  them  of  my  lord 
and  Grey 'a  being  at  the  he^d  of  these  de 

Friionen    What  dolh  he  conceni 
with  Ihe  lord  North  and  Grey  for? 

Mr.  Wc$t,  Pray,  Sir,  be  quiet. 

St  any  an.  He  said  he  told  my  lord  IWI 
Grey  that  he  had  acquainted  liynch  witl 
brdjihip's  being  at  the  bead  of  tins  design,  l| 
fiirc  Mr.  Lynch  had  expressed  a  great  de  "' 
wait  upou  his  lordNhip. 

Att.  Gen.    Mr.  Del afaye,  pray,  give  i 
count  what  Mr.  Layer  said^  when  be  wael 
mined  f»«tore  the  lords  of  the  council,  i 
to  hiH  being  at  Home, 

Detufttye.  Mr.  Layer  declared  to  the 

of  the  council  that  he  had  bepu  at  Rome,( 

he  hud  had  two  conferences  with  the  Preteitdefi 
that  he  had  acquainted  the  Pretender  with  tb« 
disaffection  of  the  oation,  with  respect  to  lh« 
losses  that  had  been  sustained  by  the  South  8et 
He  said,  in  g«tieitJ^  the  natiou  was  well  afiisolfi 


Jbf  High  Treoii 

■QOi  of  state,  not  tjunliii^ 
irilervst:  ihen  hr  |iro|»oseii  to 
riokeiMorilie  iVetentler'R  re- 
oll  WM  licit  (S^raiiUii  Ititn  :  then 
Fl*rwteiKfer*«  sjinu^e  Jihoultl  stand 
to  bis  rlitlil;  th?  Pretc'iider  said 
pill  cooniler  of  it;  col.  Hay  afterwiitls 
It  litai  wtird,  th«tl  she  4'oiiHeut«»il ;  tbeu 
I  fjonlcreQces  who  dbould  repi'e* 

OW«  Uic  S9me  accouiii  thiil  he 
t  lord*  Df  Ibe  comiciL 
iiL  Uay  brougUt  wurd  lo  Mr. 
k^Aetrnder**  spouse  consented 
^*"ir  10  liiB  child  ;  »nd  it  wms 
I  of  Ormond  should  re|>ri?«eiit 
hm  dcnred  s  ciedtftitial  ur  token  to  the 
m  of  Orntoud.     Hay  told  him,  without 

10  irotltd  stand  ;  only,  H*ilh  he,  carry  a 
I  tli«  duk«  19  wfMf  and  gone  to 
.  tlie  wuuld  do  it ;  and  Layer  de- 
^wbiiahonld  Kiaud  uh  g'od-Jkther; 

hiniseir,  that  is,  the  Pretender ; 
I  j!D  know  \Tha  M'aa  to  rcpre- 
Hrnlto  he  excused,  but  Layer 
>  one  iipOQ  \m  return  into  Eng^> 
BHjitvi profMr  for  th At  purpose ;  viben 
IM  inld  Bns^iaod  he  wai  at  a  loss  for  a 
I  to  reprcMfnt  the  PrcteudeF ;  be  went  to 
Ih^nfmi  10  advise  i^ith  him  about  it, 
nei^l  to  my  lord  Orrery,  lo  desire  bim  to 
lift  jiroxy  for  the  Prelemler ;  my  lord 
^nliacd  it ;  then  he  went  to  my  lord 
I  Onj,  who  iicce|»ted  it.  The  child 
it  wa«Ht  Chelsea,  I  t&ke  it, 
^  wbere  there  was  a  china  shop.  Ii 
■pring*,  whot  day  I  cannot  tell, 
kr  wad  tfaeri*  waa  bis  wife,  my  bird 
'tad  Otty  ^Uo  itood  for  the  Pretender, 
Kbc«i  «f  Ornciond  who  stood  for  the  Pre- 
r^  wiUt  *l*e  woman  of  the  bouse,  but  she 

11  wiibio  the  room  at  the  chriMenin^'. 

K  Gt«*    00  you  reme^niber  any  tUin^  said 

Em  aay  declaration  that  was  drawn  ? 
Mr.  Layer  owned  that  be  bad 
of  a  declaration  ;  and  that,  when 
[  to  my  lord  North  and  Grey*s, 
»  Mr.  Lynch  at  the  Green -Mao, 
I  wmf  tliither. 
^/      '^  '  '  lie  of  his  recom^ 

J  iimnatitrn? 

_^_,    lit'  *p'.ki- ut  IMS  recomraendin^ 
Al«ie«|  titat  Mr.  Lynch  bBvinjj  told  hira 
>  my  lord  CadotE^an,  bu  did  reconi' 
to  my  lord  North  and  Grey,  as  a 
,  far  that  atl^'imit.     The  "second 
"iBQiDmendtd  him,  he  batl  pro 
^  Lynch  to  my  lord  North  and 
Flnmogtoid  bam  that  be  was  a  very 
Xfilto  k#  rm>r«med  m  an  insurrec- 
H-»'  :  told  Finch  hi«  lord- 

|ta  b*  i  ot  the  d e^i^n ,  Ly  nob 

ttuwiiii  ujion  him. 
We  thull  now  prove  there  were 
fr*a  bonni!  wbm  be  waa 
,    I,  wef»  you  at  Mr»  Layer's 
I  hiWMi  w^Mi^f^Stanyan.  'Yet. 


^it,  po  you  know  of  adj  armf  thirer 

Sttinj/an*  Yes, 

Ait.  Gen.  Give  my  lord  and  the  jury  &o  ic- 
count  whatarma? 

Stanjfan.  Just  after  Mr,  Layer  wa'j  aeiied  I 
came  in,  be  was  just  trot  out  of  b<»  bed*     I 
obserTed  in  the  roum,  where  be  Uy,  there  were] 
a  pair  of  pistols  hunijf  by  his  bed  jiide,  and  be- 
tween  them   a  borsenian^s    sword,  a    riding 
sword,  and  a  pretty  larue  swi»rd ;   on  the  other 
side  of  the  beil  nejrt  the  chimney  a  little  cuse 
of  pistolti,  and  anutber  sword  buntr  in  another  | 
part  of  the  room.     In  the  closet  uf  the  same. 
room  we  looked,  and  I  saw  tv%o  carhtnes  or 
guns,  and  two  rousquetoons  or  hhinderbusses  ; 
si-ein^^  so  tnany  arms,  I  went  to  handle  some  of. 
them,  upon  which  be  said.  Have  a  care,  they 
are  loaded,  don't    medtlle  wiib   them;     upoar' 
that  I  asked  him  what  be  had  to  do  with  soii 
many  arms  ?    He  answered,  you  must  know 
my  clerk  anel  I  are  streat  i^UooterK,  when  we 
are  in  the  country.     Ju  auotbrr  room,  looking^ 
further,  we  observed  several  nmutds  tor  the 
making  of  builets.     There  was  also  u  cartridge- 
box,  and  a  number  of  cnririd if es  ready  mude  up, 
as  ne&r  as  1  can  g-uess  (1  did  n*i|  coiint  I  hem) 
there  were  about  tbrty  or  fifty  uf  ibeni.    There 
was  n  ({^niteman  of  the  army « and  belaid  they 
were  such  cartridges  as  were  ut^ed  in  the  army* 

Ait.  Gtn,  Was  there  any  tbioif  relating'  to 
thciie  arn)s  confessed  by  Mr.  Layer  befure 
the  lords  of  the  council  ? 

Sianyan*  lie  did  not  deny  i*^  I  believe* 

Att*  Gen.  I  would  ask  you  whetht^r  there 
was  any  thin^  said  helbre  the  lords  r^latiu^^  to 
these  arm*? 

Stiinj/an.  Thelonls  did  ask  Mr.  Layer,  what 
did  he  with  forty  or  tifiy  cm  Irid^^t^s  ready  made 
up?  lie  said  they  were  tviade  up  by  Bowers 
ibiL^  l^unsmith,  and  that,  if  there  wa!^  any  dis- 
turbance in  ibe  nation,  be  should  bare  occasiott 
for  them. 

Alt,  Gtn,  Mr.  Delafaye,  wais  yoa  by  when 
he  was  asked  the  question  about  these  arms  f 

Delafaye,  Ves  ;  he  was  aski^d  wbst  he  did 
with  so  many  cartrid£^s  and  artn<i,  and  be  fmtd 
they  were  proper  fur  liis  use,  if  there  should  be 
any  disturbance  in  the  nation. 

Colonel  JJutkt  sworti. 

Ati,  Gen,  Was  you  by  when  these  arms  wer« 
seizefl  in  Mr.  La  year's  bouse  Y 

Hutke,  Yes  ;  there  w  ere  two  cases  of  pistols, 
two  fuzees,  and  $ome  other  ariOR,  and  a  blun* 
derbufcs,  and  two  or  three  sword*  ;  there  were 
aliout  40  cartridi^es  ready  made  up  in  the  U:<iual 
manner,  as  ihev  are  mode  up  when  our  soldiers 
are  to  charge  their  pieces  for  expedition  in  eas« 
of  action. 

Att,  Gen*  How  many  were  there  f 

Jiutke.  About  forty. 

Au.  Gen.  Did  you  tee  any  mouldi  for 
bullets  f 

Huikc.  There  wis  a  mould  for  mitsket-balli. 

Pritmer,  You  say  I  had  two  fazcea  i  will  • 
musket  ball  go  into  a  tuzee  ? 

iiMiki*  1  oaoBOl  tell  but  il  isAy* 


231] 


9  GEORGE  I. 


Trial  of  ChrhlojJier  Layer^ 


[892 


Prisoner.  There  were  fortvcartridgei,  which 
were  ready  made  up,  will  those  cartridges 
go  into  a  fuzee  ? 

Huske.  These  very  cartridges  were  only  fit 
for  the  army. 

Mr.  Keteibey.  These  cartridges  were  not  fit 
for  the  musket  P 

Hutke,  1  did  not  try  there. 

Mr.  KeUlhey,   Would  they  gp  into  a  fuzee  P 

Huike,  I  don*t  know. 

Mr.  KeteUtey.  According  to  my  notions,  there 
is  a  difference  iu  bigness  between  a  fuzee  and  a 
musket;  ami  a  cartridge  fit  for  a  musket  will 
not  go  into  a  fuzee. 

Hutke,  A  cartridge  that  is  fit  for  a  fuzee, 
will  go  into  a  musket. 

BIr.  Keteibey.  I  belie?e  that,  and  so  it  will  into 
a  cannon ;  therefore  1  ask,  whether  a  cartridge 
that  is  fitted  to  a  musket,  and  proper  fpr  the  use 
of  a  soldier  going  to  batUe,  whether  that  car- 
tridire  will  fit  a  fuzee? 

Hutke.  The  bore  of  a  fuzee  may  be  made  as 
large  as  ihat  of  a  musket. 

Z.  C.  J,  Those  cartridges  that  were  there, 
would  they  hare  served  for  the  fuzee? 

HmkeC  I  am  satisfied  that  they  would  serve 
for  the  fuzee,  and  the  smallest  arms  tliere, 
except  the  pistols. 

Mr.  Ketclkey,  You  say  there  were  two  swords? 

Hutke.  Yes,  I  saw  two  swords. 

Mr.  Keteibey.  I  beliere  you  never  are  with- 
out two  swords  ? 

Huskem  I  believe  I  have  a  dozen,  but  they  be* 
long  to  my  company. 

Prittmer.  Were  they  horse-swords,  or  swords 
fit  to  walk  with? 

Hutke.  IcanUtellthat. 

Mr.  Hungtrjord.  I  think  you  say,  that  those 
bullets,  made  into  cartridges,  were,  by  the  size 
of  them,  intended  for  the  small  arras  ? 

Hutke.  I  do  believe  they  would  fit  the  two 
fuzees  that  I  saw. 

Mr.  Keteibey.  Did  you  open  any  of  the  car- 
tridges? 

Hutke.  I  did,  and  there  was  a  ball  made  up 
at  the  end  of  each  cartridge. 

Mr.  Smeybert  sworn. 

Sol.  Gen.  Do  you  know  the  prisoner  at  the 
bar? — Smeybert,  Yes,  I  do. 

Sol.  Gen.  Recollect  whether  you  have  seen 
bim  at  Home  f^Smeybert.  Yes,  I  have. 

Sol.  Gen.  When  ? 

Smeybert.  About  a  year  and  a  half  ago. 

SoL  Gen.   For  how  long  time  was  he  there  ? 

Smeybert.  1  think  about  a  week  or  a  fi>rtnight. 

Sol.  Gen.  Did  you  or  the  prisoner  leave 
Rome  first? 

Smeybert.  I  left  Rome  first. 

Mrs.  Hay  sworn. 

Sen.  Chetkire,   Did  you  ever  see  the  pri- 

ner?— Hoy.  Yes. 

Serj.  Ckethire.  Where  did  yoo  see  him  P 

Hay.  I  saw  him  at  RoiM. 

Serj.  CAeiAire.  WbenP  •    i 


Serj.  CAfsAire.  What  time  of  the  year  was  it^ 
as  near  as  you  can  remember  P 

Hay.  r  cannot  tell  exactly  what  time,  but  h 
was  last  summer  was  twelve- month. 

8erj.  Chethire.  You  are  sure  yoo  saw  bin 
there  ?~Hfly.  Yes. 

Att.  Gen.  My  lord,  we  shall  now  ptomikt 
prisoner's  escape  out  of  the  messengei^  m^ 
tody,  as  was  opened  before.    Call  Mr.  T    * 


Mr.  iS^tre  sworn. 

Jtt.  Gen,  Look  upon  the  prisooer  at  At 
bar,  do  you  know  bim? 

Squire.  Yes,  I  do  know  him. 

Att.  Gen.  Do  votf  know  any  thing  of  lua 
being  taken  op  ?  6ive  au  account  wheo  it  was 
that  he  was  taken. 

Squire.  He  was  taken  the  18th  day  of  8i^ 
tember  last. 

Att.  Gen.  Whose  custody  was  be  in  after  Im 
was  taken  ? 

Squire.    He  was  in  my  costody* 

Att.  Gen.  What  became  of  him  aflcrwarilf 
Did  he  continue  in  your  custody  P 

2 mire.  No,  be  made  his  escape. 
tt.  Gen.  How  long  slier  he  nad  I 
was  it  that  he  made  his  escape? 

Squire.  It  was  the  next  day,  he  got  out  «f 
the  window. 

Att.  Gen.  How  high  was  the  room  ha  gat 
out  of? 

Squire.  It  was  two  story  high  ;  be  lifted  ap- 
the  sash,  and  so  gut  out  of  the  window. 

Att.  Gen.  Did  yon  pursue  him  P 

Squire.  Yes. 

Att.  Gen.  What  account  can  yoo  give  of  his 
being  taken  again? 

Squire.  He  bad  not  been  gone  kmg  belbra  E 
fi>und  he  had  made  his  escape,  and  understand* 
ing  which  way  he  went,  1  immediately  poiwatf 
him,  and  I  took  him  in  a  lane  gmng  towaite 
St  George's  fields. 

Att.  Gen.  What  did  he  say? 

Squire.  He  said  he  was  very  sorry  to  wtm 
me ;  I  asked  him  how  he  could  offer  to  M 
away  from  me ;  and  he  said  every  body  Jm 
would  have  done  the  same  in  his  condition,  anJ 
that  nobody  coukl  blame  him  fiirit;  and  that 
he  believed  my  lord  Carteret  wonM  not  blain^ 
him. 

J/f.  Gen.  But  why? 

Squire.   Because  he  looked  upon  himself  i» 

cli  a  bad  condition,  and  so  roueh  danger^  hB 
said,  nobody  could  blame  him,  beouMO  na  W90 
in  thatcondittoD. 

Priaoner.  What  conditKHiP  I  desura  toarfC 
you  one  question ;  Did  not  I  ask  yoo  to  i 
me  vour  warrant  ? 

Squire.   No,  you  never  asked  mo. 

Pritoner.   Did  not  I  ask  you  at  my 
house  P^S^atre.  No,  you  did  not. 

Pritoner.  Did  you  shew  me  yoor  i 

Squire.  You  did  not  ask  me  lor  it 

Primmtr,  Didi 
Ii 

ImdtodatoiaaMr 


socli 


It  BSK  ms  lor  n.  v 

ItollyotttbaraaHallifll 
■al  &lnotl»Mr«M 


JhfT  HtgJt  Treason, 

iCt  l*ei€t»Qn  sworn, 

T'  teTiion,  do  you  know  may 

In  cusli^iiy  at  my 
|uui»ie,  in  A  roam 

ftit.     J>o  yoo  know  toy  thing  of  his 
yf 
k  No«  I  irti  ibro«il  Ibeo. 

IdHik  upon  tfip  pns«>Der  at  the 
r«oienib«r  you  erer  wiw  him 

Ce.    Vci^  1  s&w  hlcn  ju«(  goiog'  into  St. 

Irem.  IIrI  any  (kmIv  l&t<c  him  there  ? 

U*  1  w««  it)c  6p(i  iliHl  took  him. 

Cim*   IV  lull  did  tie  say  to  you  when  you 

tfc  lie  ssUt,  ForOofrs  sake  let  me  i^o ; 
'4  it  wsn  an arrt^i :  \V  hy  then,  and  |)lea«ie 
ly  teird,  my  pirtner  CAnie  up,  and  nsiiked 
rtMrilirr  il  i«««  an  iurcitt,  aud  he  8aid  it 
I  iheti  Jookuig^  ubfnit  mr,  I  saw  an- 
i0ii  oofniiig  after  us,  %vbi>  was  the  met- 
It  ■■■Wit  tie  had  broke  out  of  the  mes- 
Wii9^  And  then  he  clapt  hiK  liand 
ii  podi«l»  and  polled  out  I  beheve  about 
fsineaii,  and  «ttid  we  should  take  whf&t 
11'  wa  would  let  him  go ;   but  we 

Amth^ny  Stephem  sworn. 
L  G«i«  What  did  Layer  say  when  he  was 

u  We  aakcd  him,  i«  it  for  an  arrest? 
■i^  b^,  it  b  an  arrest ;  and  when  he  saw 
'^pHR^  son  comjni^  alter  us,  he  would 
[  ttpfMisvfl'  we  pJeasett  to  let  btm  fro ; 
ItlliAB  that  he  niiid  thf  y  had  no  warrant, 
fiilfMil  know  that  they  could  keep  bim 
I  a  warrani, 
Pcafttfy.  My  lord,  we  have  gt>ne 
l|{k  mmmwidmoc^  and  shall  rest  it  here. 

9m  Mmmg&rford^  May  it  ples«c  your  loni* 
mA  yoo  gentlemen  of  the  jury,  1  am  of 
rf  for  llie  prisoner  at  the  bar ;  and  af\er  so 
m  0tW*iie«  hath  been  fliten  in  this  cause, 
km$  beoome  me  to  uraw  the  matter  in 
tiftiiimfia  point,  if  1  can,  nnd  thereby  to 
■■e  tm  your  lonlsbip,  tlie  jury,  and  Uie 
it  on  bw  ttidn.  My  lord,  the  prisoner 
liisaarf  «|ion  the  tEUtute  of  tlie  U.Mh  of 
■4  liioiUrri^  oommonly  calleil  the  statute 
PMitl«Blii\  t)tc  things  made,  or  rather 
ied  irvtMo  by  that  act,  are  6rit,  the  ot^m- 
Wfm  Untcinuif  the  death  o1  the  kioif,  or 
»  Mior  of  WiJa««  Then  the  statu U>  t^oes 
I  dUiianollwr  things  treason  which  relate 
•aibr  |M^»oo*o»  <c>mc  nt  ihr  royal  family  ; 
ftca  it  dfNdar^^  hi^wt-i,-^  u,*t  »t  is  treas4m 
isywarav'  ^c»     It  ianot  said, 

^  -  Isty  WOT,  but  ac- 

•1  •»  ^y  '^  o»»Jf  iliaJi  tit  tfetioo. 


>ii  IS  tfie  text,  vbis  the  law  upon  which  fh,. 
geotteman  at  the  l>ar  mutit  t>e  either  saved  o 
CiHi'lemned,  The  treascm  Isiid  to  his  charge 
in  coinpssstni^  nod  immfmint^  the  deiith  ot  iSe 
king  :  the  overt-atTts  luid  tu  his  chartfe  are, 
thai  he  did  consult  and  conspire  to  levy  war« 

That  hf*  did  publi!»h  a  certain  treason abt# 
libel,  purporting,  among  oth*r  tUiniys,  a  pro* 
mise  of  rewrtnl  to  bis  majesty -s  faithful  sub> 
jects,  to  rise  iu  arms  aud  levy  war  against 
the  kiug*, 

ThatTie  consulted  to  put  the  Pretender  upon 
the  throne. 

That  he  listetl  soldiei-s  for  him. 

And  the  last  overt^act  is,  that  he  consulted 
to  f*ei«e  and  imprison  the  kin^'. 

My  lord,  and  you  gentlemen  of  the  jury, 
there  is  no  evidence  of  any  of  these  orert  acta  * 
attempted  to  be  gi? en  in  evidence  agniust  him 
in  £s5ex.  save  rinly  that  of  publtshinff  a  trea- 
sonatte  liliel,  which  the  kioj^^s  counsel  in  their 
evidence  would  insinuate  to  be  the  Pretender's 
declaration.  The  evidence  of  the  other  overt- 
acts  are  mt^mpted  to  be  proved  in  Middlesex. 
And  in  rrufh,  the  i^reatesi  part  of  ihe  whole 
transaction  was  by  the  kind's  own  evidence, 
proved  to  he  in  that  Ciiunty,  and  I  wonder  the 
todictment  was  not  laid  ibf^re  ;  but,  gentlemen. 
Ihe  indictment  being  bid  in  Essex,  if  an  act  of 
hi^li- treason  is  not  proved  to  have  been  com- 
mitted hy  the  pristoner  iu  that  county,  he  moat 
be  acquitted. 

1  tniifht  here,  ray  lord,  insist,  that  an  actual 
levying^  of  war,  and  not  desi^fu  to  levy  a  war, 
being-  made  treason  by  the  statute  of  hrasona, 
tlie  publishing  a  paper  which  purports  at  the 
utmoa  but  an  intention  Ofdy  to  levy  war  or 
raii«  a  rebellion  is  not  treason,  and  conse- 
quently not  a  legal  overt- act  within  that  sta- 
tute, ThU  opinion  is  warranted  by  the  eicpress 
words  of  the  act  of  parliament  itself,  uhicli  is  a 
belter  authority  than  all  the  coinm<?niatoi^ 
Apon  it ;  tind  it  is  likewise  the  opinion  of  my 
lord  chief  justice  Coke,*  and  ray  lord  chief 
justice  Hales;  and  in  truth,  if  this  be  not  the 
true  meanui^  (\f  the  act,  one  paraffraph,  viz. 
That  which  declares  actual  levying  of  war 
treason,  is  superfluous  and  redundant;  for 
what  is  the  use  aC  making  actual  levying  of 
war,  or  a  rebellion,  a  distinct  species  of  trea* 
son,  when  the  intention  of  doinnf  it,  according^ 
to  s^^me  modeni  doctrines,  wiis  hi^h- treason 
within  the  fint  clause  of  the  act,  viz,  Ima- 
ginios;^  the  death  of  tlie  king*?  This  opinion 
likewiHc  8€»"n»»«  to  be  confirmed  hy  the  two  sets 
of  fiatham^t^'  ""*^  -n  ijueen  Rlicabnh'a  time, 
Aod  one  ii)  1  ten  the  second^f  where 

eousuhing  v-i  i:.,..  Jufr  to  levy  a  war  or  raise 
arebelhon,  in  made 'high -treason  duriuif  the 
livea  of  them  two  respciUive  princes,  lor  which 
tentporary  provision  there  would  be  no  reason 
if  the  bw  were  so  before.  1  know  what  hath 
been  said  to  some  part  of  thia  matter,  that  the 

*  CokeV  lostit,  ch,  1,  p,0,  and  JO,    Sile^i 
Pleas  of  the  Crown,  p.  13. 


8SS] 


9  GEORGE  I. 


UfjiDg  of  war  metat  in  the  ttetute  of  S5  of 
Ediward  tbe  third,  was  not  meant  of  such  a 
rebellioD  as  was  levelled  against  the  king's 
person,  crown,  title,  or  gofemment;  but  of 
such  public  commotions  as  disturbed  the 
peace  of  the  kin^^om,  is  the  polling  down 
of  inclosures,  which  was  the  case  in  queen 
iSlizabeth's  time,  or  of  pulling  down  bawdy* 
liouses,  which  was  the  case  in  Charles  the 
tecond*s  time :  but  to  shew  how  unnatural  a 
construction  of  the  words  *  lever  le  guerre,'  it 
is  to  say,  that  it  relates  onljr  to  such  riotous 
commotions  as  1  hafe  mentioned.  Gife  me 
leave,  my  lord,  to  make  but  one  observation. 
The  statute  of  treasons  is  penned  in  the  French 
of  that  age,  and  the  words  of  the  statute 
*  lever  le  guerre'  agminst  the  king,  1  have  here 
within  the  reach,  in  court,  a  book  of  very 
great  note  and  good  authority,  it  is  the  history 
of  Froissart,  who  writes  tbe  history  of  Eng- 
land, France,  and  Spain,  from  the  year  1326, 
to  the  year  ISiO,  and  dedicates  his  liook  to  that 
very  king,  viz.  Edward  the  third,  in  whose 
reign  the  statute  of  treasons  was  made,  and 
in  this  whole  book,  *  lever  le  guerre,*  is  con- 
stantly mentioned  to  denote  a  public  stated 
war ;  and  in  this  sense,  it  is  likewise  taken  by 
Du  Fresne  in  his  Glossary,  vol.  9,  pag.  S55. 
— i  only  hint  this  matter  to  your  lordship, 
for  1  well  know  what  determinations  my 
lords  the  judges  have  of  late  years  given  upon 
this  objection ;  but  I  humbly  hope  that  there 
will  be  no  occasion  Ibr  an  entire  dependence 
upon  this  objection  in  this  case,  for  that  I  hope 
it  will  appear  both  to  your  lordship,  and  the 
jury,  that  no  such  overt- act,  as  is  laid  in  the 
moictment,  that  is,  publishing  the  Pretender's 
declaration  at  the  Green  Man,  is  at  all  proved. 

The  evidence  given  touching  that  matter  is 
only  by  Mr.  Lynch  ;  and  he  gives  an  account 
that  the  prisoner  and  he  met  at  Aldgate,  in 
order  to  go  to  the  house  of  m^  lord  North  and 
Grey  at  or  near  Epping:  m  the  course  of 
their  journey  thither  finding  themselves  too 
late  to  be  at  my  lord  North's  by  dinner ;  they 
caHed  in  at  the  Green  Man,  and  there  got  a 
beef-steak :  and  before  it  was  brought  up  the 
prisoner  gave  Mr.  Lynch  a  paper,  which  Mr. 
Lynch,  and  not  the  prisoner,  calls  the  Pre- 
tender's Declaration:  Mr.  Lynch  reads  only 
one  paragraph  in  it,  whereby,  as  he  says,  the 
soldiers  were  tempted  to  be  allured  from  his 
majesty's  service ;  this  is  the  whole  evidence 
given  touching  any  offence  committed  in  the 
county  of  Essex:  for  as  to  any  treasonable 
discourse  l»ctween  Aldj^ate,  and  the  Green 
Man ;  they  cannot  in  justice,  and  without  a 
particular  proof  to  that  purpose,  be  charqfed 
upon  the  prisoner  to  be  done  m  Essex,  a  threat 
nart  of  the  wajf,  viz.  from  Aldgate  to  Bow- 
Midge,  being  in  Middlesex,  and  not  in  the 
oannty  of  fissex. 

In  the  first  place,  therefore,  gentlemen  of 
tbo  jury,  we  hope  there  is  no  evidsneo  to  eon- 
▼inoa  you  that  any  tnah  dedaration  wh  pub- 
Babed  at  all ;  and  yet  leedadlj.  If  *««  ^ 
a  paper  read Ihte,  fmpfutwmimm'' 


Trial  of  Christopher  Layer ^  [S 

act  of  high-treason;    The  time  thai  tke  w 
soner  and  Mr.  Lynch  staid  at  the  Gracn  Ma 
seems  to  be  very  short,  their  stay  wan  ■•  ahi 
that  there  was  no  evidence  that  their  hon 
were  put  up:  the  beef-steak  was  beapokabalb 
they  went  into  a  room.    Mr.  Lwnoh.ean 
down  twice  out  of  the  room;   be  \amm 
admits  onoe,  besides  his  gaping  at  noMi  pa 
sons  in  tbe  yard  whom  be  knew,  bifcia  Ih 
beef-steak  was  brought  up ;  and  jre^  bsfci 
the  beef-steak  was  brought  up,  this  dadbn 
tion  is  pretended  to  be  published  ^  forny'pai 
considering  how  little  time  there  waa  ler  aai 
a  transaction  as  this  is,  I  cannot  think  iIm 
could  be  any  such  thing  as  that  tranncM 
that  time,  the  compass  of  time  would  barl 
allow  it ;  whatever  was  done,  is  adnsitlei  k 
all  hands,  to  be  done  before  the  beef-ateik  « 
brought  up,  and  the  other  inddenta  may  ffi 
well  oe  supposed  to  take  up  all  the  tine  b 
twixt  tbe  bespeaking  and  disning  up  the  baa 
steak ;  so  there  could  be  no  time  for  ao  i 
an  act  as  publishing  a  declaration  to 
three  kingdoms.    But  in  the  aecohd 
the  prisoner,  which  1  don't  admit,  did  gh 
Mr.  Lynch  any  paper  to  read,  a  parunaf 
whereof  was  to  the  purpose  Mr.  Lynn  n 
lates;  yet  such  paper  cannot  be  imputed  to  tl 
prisoner  as  an  act  of  high-treason,  there  we 
but  a  few  lines  of  the  paper  read,  and  the  re 
were  not  read  at  all,  either  by  Mr.  Lynch,  i 
the  prisoner ;  and  I  never  knew  that  part  of 
deed  or  writing  was  ever  allowed  to  be  given  i 
evidence,  without  producing  or   reading  tl 
whole.     In  the  case  of  my  lord  Russel,  wh« 
the  declaration  for  rebellion  was  assigned  as 
act  of  high -treason,  the  whole  declaration  v 
proved  to  be  read,  and  not  a  part  only ;  r 
vet  even  that  evidence  was  upon  the  revolu' 
m  the  first  year  of  king  William  and  qv 
Mary,  looked  upon  so  imperfect  an  evidem 
high-treason,  that  for  that,  and  other  reaf 
my  lord  Unssers  attainder  was  reversed 
have  a  copy  of  tbe  act  of  parliament  ff 
reversal  here  attested,  and  we  are  res* 
produce  it  if  your  lordship  thinks  fit.-^ 
ne  said  that  the  prisoner  giving  Mr.  Ly 
paper,  of  which  he  reads  only  a  few  line 
then  the  prisoner  takes  it  up  again,  is 
lishing  of  a  treasonable  paper,  or  in  ti 
publishing  of  any  paper  at  all  ?    Dech 
fur  rebellions  ore  commonly  published  i 
places,  to  captivate  multitudes,  and  not 
from  one  man  to  another  when  they 
pecting  a  beef- steak ;  there  was  no  s 
or  solemn  meeting  at  the  Green  Man ; 
course  of  |»eople  there,  neither  in  f 
Mr.  Lynch's  own  evidence,  can  it  br 
be  a  real  declaration ;  for  he  says,  as 
her,  in  that  paper  it  was  mentioned 
lord  Cadogan  was  in  custody;  tti 
uueriy  false,  hit  lordship 


yor^IJigh  Treason^ 

srr   _'  mmI  tttbotirei)  un<)er 
kli  Micertanity  tUrre 

kigiiMrt'Lisuij,  nnd  wlmt  wag 
lie  ik«rii«tD^'Dl  liit^reupod,  to  ease  the 
|^i^L.f>^ple3(tlyt  in  the  Solh  of  EtU 
^^^^K*|itt%«cil  liie  laiv  of  li  eauons,  tor 
PIPfBlile  tbcfn  yiaiit  a  great  sum  ot' 
g  «u«t  ftir  \%liii'h  tlmt  patliaiiietil  wnn 
».»-<!  'imfliafiMfriinin  beatuin),  ftiitt 
mtifi  doihf  though  perhaofl 
iliitll  be  interpreted  to  te 
LmI^  U^h-trt;ui(on»  the  subjerl  will 
llie  tttrne  i aeon retiic nee,  and 
^«ime  pernlexjtK^,  as  iJiey  wiie 
■.laloles  or  trca^oui;  tliis  practice 
'  inproted,  that  it'  a  man  delivers 
[tellM  l9  atiotber  to  be  read,  that 
tied  wn  overt- act  of  hig^h* 
more  if  pei>pte  in  their  cupi 
ach  health*,  as  were  said  to  be 
ny  lord  North  aad  Grey's  house; 
^di'UY  but  thai  *  biberc  est  a^ere/ 
"  «re'  in  i  tiii«,  my  hird»  in  all  that 
i  present  coi>cei  titu^  the  charfife 
dn  ufH^ti  the  prisoner  within  the 
rx  ;  »ud  if  there  be  no  charge 
I  him  there,  the  evidence  tfiven 

w  hftl  he  did  or  said  etsewhere^ 

*  nothmg. 

May  it  please  Yonr  lordship, 

mcfi  fii  the  Jury,  I  hkewise  ap- 

i        '  ^      the  prisoner,  who  haT- 

to  this  indictmeDt,  1 

^  ' '     found  otherwi£:e^ 

;ned  tor  him  by 

.  utices  i)f  bis  case 

Mrue  and  cle:ir  a  Wi^hi  an  I  can, 

pur  roiinisteratioti  what  may 

ind  legally  coo* 

rnce. 

»  him  m  of  the  highest  na* 

'  Kn^tand  know  ;    *  crimen 

itla;*   nri  le<(S  ihan  the  con Rpirinfi^ 

i«i>e  (hi'  destth  of  the  king  ;    and  as 

tie  of  any  aggravation, 

uy  thiiii^  that  we  can 

b(/pe  your  lurdbhip,  and  the 

iry,  will  expect  the  strongest 

Ftff  llii>  ca^ie  udtnlts,  such  *h 

^t^ and  in,  in  %omv  uukiijure,  pro- 

L*»^'"'"  '   "  '^flhe  otic  lice. 

1  which  the  pri- 

.  tiii  of  BthvHrd  S* 

to  niiikc  hiNi  a  iuiiit*-d  there 

^aci,  and  thiii  ovrrt  act  must 

J  pri»ted  :  *  £t  deceo  pro? a* 

t  de  overt  tait/ 

r,  Id  bti  third  luJititute*,  fol.  15, 

pt^Upm  thnt   net,  explains  the 

E'  ^ving  it  mutt  be 

>\\  not  ti[«»o  con- 

l»ri»    *tr  iiiirri»nce,  or  Mraiii« 

fK»l     bo    •  cotiimune  argu- 

^l  other  statutes  have 
ttic  siih|«ct,  uid  [itr  re 


A.  0.  I'm* 


[«38 


gntattng'  trials  io  casea  of  high  treason  :  par- 
iieularly  the  late  Ktatute  Tmo  Guhelm*  S, 
which  enacts,  that  there  must  be  two  lawful 
witnesses  to  the  same  overt  act ;  or  one  of 
ihem  to  one,  and  the  other  of  them  to  another 
overt  act  of  the  same  species  of  treason  :  ami 
that  no  evidence  shall  be  admitted  or  given  uf 
any  of  ert  act  that  is  not  expresetly  laid  iu  tlie 
luilictment* 

I  think  we  need  not,  at  present,  enter  loto 
the  whole  of  the  case,  or  trouble  the  Court  with 
a  )on^  detail  of  circumstances  and  many  wit- 
nesses ;  but  rather  cbuse  to  leave  that  on  the 
foot  Mr.  HuDgerford  hath  put  it  for  your  lor<U 
sbiD*e  cooslderatiou. 

II  mast  be  admitted  to  us,  that  if  the  prisoner 
is  not  guilty  of  an  overt  act,  legally  proved  to 
be  committed  in  the  county  of  Ei^ex,  where 
the  species  of  treason  and  all  the  overt  acts  io 
the  indictment  are  laid  }  though  all  the  other 
fttcts  in  JMiihllesejc,  or  at  Rome,  or  any  where 
al«)e,  should  be  never  so  clearly  made  out,  yet 
they  do  fail  upon  this  indictment,  and  tlie  pri- 
soner  must  be  acquitted. 

What  have  they  to  charge  him  with  such  an 
overt  act?  Nothing  but  Uie  single  evidence  of 
Lynch  1  He  is  tlie  only  person  that  speaks  to 
this  point.  He  says,  that  they  set  out  from 
Aidgate  in  order  to  ride  to  my  lord  North  and 
Grey's,  and  alighted  at  the  Greeo  Mau  ;  that 
what  discourse  passed  between  them  there  was 
before  dinner :  he  owns  be  went  downstairs 
twice  before  dinner,  and  spent  some  time  in 
looking  out  of  the  window,  to  see  some  persons 
with  whom  he  was  acquainted,  and  when  the 
dinner  (which  was  soon  got  ready)  was  brought 
up,  Mr.  Layer's  servant  came  and  waited,  and 
DO  diMTOurse  passed  there  during  that  time  ^  he 
tells  you,  that  Mr.  Layer  puHcd  a  paper  out  of 
his  pocket,  and  shewed  it  to  the  witness,  who 
read  part  of  it,  and  that  it  contained  I  reason - 
able  matter,  as  laid  iu  the  indictment :  this  is 
the  substance  of  what  Lynch  swears,  I  took  it, 
as  well  as  f  could,  in  writing  from  his  mouth. 

Now,  my  lord,  is  this  sufficient  to  convict 
this  ^entlciimn  of  commitiiDg  an  overt  act  of 
high  (reason  in  Essex?  A  bare  pulling  a  paper 
out  of  hiH  pocket,  and  giving  it  him  to  read, 
where  vueh  and  such  a  thing  is  set  forth,  as  by 
him  is  called  a  tretu^onahle  declaration  I 

My  lord,  if  he  hud  pulled  out  of  his  pocket 
the  must  treasouuble  paper  that  ever  was  jo< 
vinted,  is  it  uny  more  thuu  pubhbhing  a  libel  f 
Is  ihat  an  overt  aut  of  treasoit  P  I  will  suppose 
it  a  copy  of  the  Fretcnder'iJ  declarattoa,  or  an 
original,  such  a  one  as  was  burnt  by  the  sherifls 
of  Lotidim  two  days  ago :  if  a  tnan  had  that, 
nnd  pulM  it  out  of  his  pocket,  and  gave  it  to 
auoilier  to  read,  is  this  high  treason  ?  1  dare 
say,  if  any  such  person  tails  into  IMr*  Attorney** 
bandit,  he,  that  always  does  his  duty  to  the 
crown  Rs  he  ought,  wdl  go  no  higher  than  an 
information  for  puhllNhing  a  libel  i  and  all  this, 
my  lord,  is  upon  a  supposition  that  the  facts  are 
true  wt  '  '  '  '  fcworn  by  Lynch;  but, 
on  I  Ik  'ore  are  so  rAany  unao* 

couatau*^  *  41V  wii»^>  «<*c«s  in  the  ridatioiiy  Uiat  in 

e 


S39] 


9  GEOKGE  I. 


Trial  of  CkrutajAer  Latfer, 


[WO 


I 


affair  of  that  coo«equenee  ftbould  be  tranf&cted 
in  such  n  (jiace ;  in  so  bbort  a  time  ;  upon  «uch 
tin  accideuUl  bait ;  when  one  of  I  be  cun»)iira- 
tors  wa«  either  i;azi[it(  at  the  i^'iodow,  or  run* 
ninc^  up  or  doHti  stairs  the  ^reatetit  part  of  the 
while,  and  other  f>ei-fions  were  continually  go- 
4ntr  hackwardii  and  forward*^  into  ilie  riM»jii,  or 
MrithiQ  hearjrttj  of  every  word  that  ^ Missed  there, 
we  ihiuk  it  carries  with  it  such  au  air  oK  im- 
probability^  that  no  reasonable  man  cati  give 
credit  to  it^  rnuL-li  less  couviet  a  person  of  bo 
great  a  crime  upon  aucti  evidence. 

But  suppose  what  passed  at  the  Green  Man 
(which  I  am  very  far  from  adoiiiting)  should 
be  adjudg^l  an  overt  act  of  hig^h  treason  :  how 
ft  it  proved  ?  Ou\y  by  one  wilues^i ;  one  sin^^le 
Witntfss  to  the  fact  in  ibis  county  1  The  law  re- 
quires two  witnesses  to  convict  a  man  of  high 
treason,  and  that  the  jury  should  he  returned 
out  of  thut  county  where  the  facta  are  laid  ;  *■  de 
»  vicineto :'  because  the  law  supposes  tbetn  more 
conusant  of  the  circumstnnceiof  a  case  which 
^mribes  in  their  neisfhUiurbood  :  hut  if  the  proof 
of  one  overt  act  in  the  county  where  it  is  laid, 
by  one  witness,  should  be  sutficient  to  let  thtni 
in  to  prove  other  overt  acts  in  dijitantcounirieif, 
or  in  foreign  kini^d^inus,  these  fundamental  iii]e« 
of  Jaw  would  be  totally  suhverleit :  how  is  it 
possible  for  a  man  to  provide  or  defend  himself 
ag'ainst  such  a"  attack  ?  It  iii  spriugint;  a  mine 
ujwn  hirn  1  Hudden  and  unrxpecled  ruin! 

Mr,  Attorney  wonH  shew  any  precedent, 
where  it  ever  was  alloived  to  be  g^ood^  that  one 
wiioeaw  tnig^ht  pn>\e  the  overt  act  in  the  county 
where  it  is  laid,  and  that  then  they  might  t(ive 
evidence  of  overt  arts  conmiitted  m  any  other 
county:  if  your  lordship  is  of  opinion  against 
us  in  Uiis  piriicular,  iheu  we  must  be^  leave  to 
go  farther  I  and  observe  u|H)n  the  rest  of  the 
wilckeasea  they  bnve  calleil ;  not  only  to  take 
oflT  their  credjl,  but  to  conlradicl  tbeoi  m  a  great 
measure. 

There  hath  been  a  ereat  deal  of  other  evi- 
detice  giten  by  ihein,  but  we  must  submit  it  to 
your  lordship,  whether  it  is  material  his  escap* 
injjf  from  the  uiessenger's  Imuse,  and  his  l»eing 
ibken  in  8t«  Geurj^e^s  tields  ;  and  the  evidence 
tN^int  to  run  thin,  or  elae  I  believe  they  would 
nut  have  troubled  the  Court  to  call  those  pcr- 
lons  to  chat  which  is  no  ways  conducive  to  the 
point  now  in  judi^ment ;  il  your  lordship  in  of 
iipitiion  with  us,  that  this  i^  uot  an  overt  act  in 
£ssex,  and  let^ally  proved^  bein^  there  in  but 
one  witness*.  au>l  at  tended  with  such  circum- 
itaoces,  then  tlie  matter  is  at  an  end  ;  but  if 
your  lordnhip  is  of  another  o|)ioion,  then  we 
Auat  beg  leave  to  go  on,  and  likewise  to  offer 
what  Me  have  froto  the  mouth  of  our  wit- 
nesses. 

L*  C-  J.  You  must  go  on,  you  have  mixed 
your  disGour»e  so  that  nobody  knows  what  to 
make  of  il  ^  sometimes  though  the  fact  are 
dear  as  lo  the  overt  act,  you  have  said  sku  much 
agaioat,  a»  for,  the  improliability  and  nature  of 
tho  thing,  in  point  of  law,  aa  for  the  other.  I 
don't  see  how  we  shall  eumo  at  it,  uftleiat  you 
go  Uiruugh  the  cuuse. 


Sol.  Ctn.   My  lord,  in  the  obsenratioos  th 
have  hrlherto  made,  they  have  mixed  <  " 
as  to  the  fact^  tojv'ether  witli  ^ome  fliiatt«r»  i 
Uwj  that  scemvd  to  W  HMoedat,  and  fixed  uM 
no  point;    to  which  we  cannnt    '" 
cular  answer;    therefore  we  i 
go  through  their  %f  hole  caae^bt^b  .^ 
any  part  of  it. 

Mr.  Hunger fttrd.  Since  it  is  your  lortlsbip^i 
pleasure  that  we  shall  now  i^o  on,  1  shall  pn 
ceed  to  make  some  observutjon^  upon  the  n 
of  the  eiideucc  given  against  the  priamier  I 
the  bar  out  of  the  county  of  Easex^    Tbei' 
servations  which  I  shall  make  will  be  in 
general  only,  for  I  cannot  descend  lo  all  i 
particular  tasiaiices  of  the  evidence  gtf 
tug  not  taken  pru|»er  notes  for  that  pf 
for  I  depended  upon  the  insu6icietic| 
evideur43  given  touching  any  act  of  big 
son  b^ing  committed  in  Etisex ;    and   I 
that  ti'oni  that  very  circumstance  the  priaoocr 
would  have  been  acquitted;    but^  howu 
know  the  learned  gentleman  who  is  jnind 
me,  baih  taken  very  exact  notes  of  l^ 
evidence,  and  therefore  what  I  omit,  1  i 
sured  he  will  abunfUntly  supply. 

The  second  \vitnes5  proiiucfff  agaiuat  ih«f 
soner,  is  Mr.  Fhinkett,  who^ie  evnlencc  1  ihii 
ought  to  weigh  but  very  liule  with  any  jiuli 
tu re  whatsoever;   the  prisoner's  meeiing  wil 
this  man  was  very  accidental  in  Liiicolti'a-tti 
fields*  when  they  did  not  know  each  other,  I 
yet  ihey  itnmedmtely  entered  into  a  diseour 
of  raising  a  rebellion,  and  overturning  two  king 
dutus,  and  that  ^reat  secret  of  knoiiing  wf 
was  to  be  the  general ;    though  Mr.  Lyncl 
alter  lungacqimintance  with  the  [insoner.cou' 
not  get  it  out  of  liim  ;  yet  it  was  communioati 
to  the  eminent  wiiueas  Mr.  Fltinkett  at  th«  fir 
interview,  w  itli  an  addition  of  mentionmg  the 
names  of  two  very  great  men  more,  the  earl  of 
Sti-aftbrd  and  general  Webb^aa  well-atfected  to 
the  uudtrtaking :  but  that  noble  earl's  and  great 
general's  services  to  their  country,  are  iOf»  well 
known  to  be  blemished  by  such  an  incredible 
evidence.     After  s^une  discourae  be»wi\t  the 
prisoner  and  Plunkett  atmut  the   undertaking, 
in  which  there  was  an  incident  of  a  disc«nir(*e  of 
another  nature,  whether  the  Luibenm  religion 
were  not  preferable  to  llie  Popishi*    And  aAer^H 
(a(«  Flunkti'U  say%)  the  pritkom-r  bml  CiimmuiUtf^^ 
eated  to  him  an  intention  of  nivading  the  king«^ 
dom  by  some  persons  from  abroad,  tlie  prisoiirr^ 
in   a  very  ^real  fit  of  bcHinly,  presents  Mr. 
Plnukett  wuh  tlie  sum  of  haii'a  crown*     This 
relation  seems    to   be  so  im[irobah)e,  and  in 
truth,  is  delivered  (or  rather  slammere<J  out)  in 
so  wretL4ied  und  incoherent  a  manner,   that  I 
lielieve  that  no  one  that  heard  it  b<:hevea  a  w ord 
of  it. 

The  truth  is^  I  lie  scheme  itself  teetiM  railior 
lo  be  a  chimerical  plan  of  some  craxy-p^ted 
politicians,  than  a  solid  (iroject  of  vkity  tiien  of 
sense,  or  iu  their  wits.  VVhnt  undertaking  can 
there  be  so  improbable,  as  that  laid  down  by 
this  scheme,  viz.  seizing  the  general  ol  the 
•rmy I  msmu$  the  To  wer»  ieizlog  tlie  £xcli«iig% 


^wkm^  the  Bmie  #f  England  ;  atid  all  this 
^jAtfo«5e  whicli  dciefl  noiajipear  to  consist  of 
■■^iltf^e  or  ioar  ineaf  ami  for  money ,  the 
^^^Km  of  W«r,  lii*^  nf^mn  to  be  no  great 
^BEkvCtkai  ;  P'  m  '  :  I  >  i  ,ho\il  half  a  crown 
HMWBltiiie,  aotl  i  at  another;  for 

^Bli  thi^  iptuaea  jptjrejs  gave  him,  it  doib 

Ml  ifliiei  tJie    prbocier.      Mr.  Lyncb  indeed, 

«^  «Kf»«  lo   b^  a  man  of  g^reater  weighty 

tf^Vnt  fre^ueiii  rej»ealirig  biniself  to  be  very 

^— iaBii|,  g'ol   abciiit  sei'en  or  eight  guineas*      1 

^■ViiM  ibe«e  lUing^,  gentlemen  of  tlie  jury, 

^BliAfl»  bow  itnptnibable  tilts  part  of  the  efi- 

V  ima  k  I'  lud  we  boj»e  to  make  it  ap- 

m  fOMlD  you  le  more  so,  hy  the  evidence 

'      vedk^i   [iroduce  to  tbe  reputatioo  of  the  wit- 

I         M  U>  lb«  p«pcra  of  all  kinds  produced  as 
mAfoe^  mgainst  tbe  prisoner,  we  hupe  he  can- 
mhi$  mflecied  by  tbem,  none  of  tuem  beings 
imcil  to  bis  of  ms  hand  writing ;   aa  to  the 
m  fbtmil  in  the  prisooet^B  house,  they  are 
i#a«rt  lb«o  what  sfeiitiemen  usually  have  for 
ipM^fiee  of  their  taoiily ,  or  their  recreations ; 
mi  m  for  bis  bdag  at  *Roroc,  it  is  admitted 
iidllifi  cvideoce  is  not  given  es  a  fact  of  high- 
lannt    50  out^ht  ri<>t  to  be  considered  as  any 
in  the  prisoner'8  guilt:    As  to  the 
r'm  endeavouring  to  escape,  it  i^  no  evi- 
tnf  the  prijioner's  ^uilt;    I  do  not  eater 
llie  cooMderation,  tvhttlier  the  custody  of 
■MCDi^cr  1^  a  It'^oI  prisun,  or  no  ;  but  there 
piliardly  •  AM  jnder  any  confinement 

t^  but  irou: Jy  escape  into  liberty  : 

I  Um  prisuncv  haih  sulfered  already  for 

Eeoce*  if  it  be  one ;    he  hath  been  put 

FlnNkt^  and  hia  attempting  to  escape  is  the 

I  that  m  a8*<i^ued  for  it. 

aa  aomcthiog  spoke  in  the  introduc- 

1 1»  ibis  acGutaiitm  which  was  very  remark- 

,  fix*  Itial  »t  waa  a  design,  if  it  had  took  ef- 

^  diAt  would  have  enga|^  the  whole  nation 

1  would  hafe  destroyed  our  ciiil 

rights  :    We  who  are  of  counsel 

uer,  have  as  great  an  abhorrence 

radiiag  of  that  nature  aaaoy  men  can  have : 

lyK  wt-  bo[ie,  that  mankind  is  not  to  h^.  led 

ritb  ihew  and  colour,  but  to  be  guided 

00  mud  umttemof  fact.      Is  it  (lOfgible 

F^lht  peoiile  could  have  been  raised  into  %  re- 

llfta*   Djf  *   Droelamatiou  wUkh  was  never 

It  toy  Mr,  Lynch 's  reading  two  or 

htm  HmcM  of  it  f    And  w  hich,  by  BIr,  Lynch** 

9m  cviileocc  (ivhioh  1  forgot  to  remark  before) 

^  tflipcrf <rct  i    for  he  »ayt|  Ihat  the  prisoner 

I  Hibto*  be  tntcndod  to  put  it  in  the  Pretender's 

■i^  wbich  il  seems    was  not  theo    done ; 

\  llicrvlbnB  what  was  produced,  was  at  the 

I  •!»  loipcrfect  pi*^ce  only.      Or  that  the 

vat  tba  bar.  a  innu  ut  u  i^t^itilt'jiinii-like 

bttly.  itutrri!  1   estate 

9Qm  wikM,  •  ^    ;    :      I    or  nu- 

00  provision  of 

stiould,  with   the 

<if  a  byrulit  tif  ptipers,  and  of 

i  Phinkttt,   oTenuru  and  en- 

Bli  kingdum.      God  he  thanked, 

Sfl. 


« 


the  Protestant  British  government  is  not  so 
easily  to  lie  hroug^ht  lo  destruction :  thcy  might 
much  sootier  (ami  yet  I  think  that  very  di%« 
cult  10(»)  have  lM>rrowed  lOO^OOo/.  of  the  Bink  ^ 

of  England y  upon  the  Nlind  notes  which  they     ^M 
liave  produced,  sent  by  sir  Williaui  Ellis,  than     ^M 
have  nrouglit  about  a  revolution  in  this  kin**      " 
dom,  with  ^uch  materials  as  they  seemed  to  be 
posse&setl  of 

These  things  therefore,  my  lord,  I  urge,  are 
circucn)JtunceH  wbich  render  all,  or  the  greatest 
part  of  the  evidence  given,  very  improbable. 

I  shall  close  the  whole  with  two  paragraphs 
of  a  speech*  made  by  one  of  your  lonkhip's 
predecessors,  my  lord  chief  justice  8cioggs, 
sitting  in  the  same  sacred  seat  of  justice  where 
your  lordship  now  sits;   the  words  are  these: 

**  If  once  our  courts  of  justice  come  to  be 
awed  or  swayed  by  vulgar  noise,  and  if  judges 
and  juries  sliould  manage  themiielves  so  as 
would  best  comply  with  the  humour  of  the 
times,  it  is  falsely  said  that  men  are  tried  for 
their  lives  or  fortunes;  .they  live  by  chance, 
and  enjoy  what  they  have  as  the  wmd  blows, 
and  with  the  same  certainty. 

*^  Let  us  pursue  the  plot  a  God^s  name,  and 
not  baulk  any  thing  where  there  is  danger  or 
suspicion  upon  reasonable  grounds  j  hut  not 
so  overdo  it,  as  to  shew  our  zeal,  we  will  pre- 
tend to  find  what  is  not ;  nor  stretch  one  thing 
beyond  what  it  will  bear,  to  reach  another/* 

Mr.  KeUibey,  I  must  beg  leave  to  go  Q\% 
where  I  kfi  off  with  Lynch'e  evidence. 

All  Plunkett  salth  was  in  Middlesex;  but 
whether  he  is  a  credible  witness  you  will 
hear  by  and  bye.  I  cannot  but  take  notice  nf 
one  thing  which  is  unaccountable  in  his  evi- 
dence, and  renders  it  impossible  tu  be  true  :  He 
gives  vou  an  account  of  a  letter  which  he  re* 
ceived  about  ten  weeks  ago ;  be  is  very  po- 
sitive as  to  tbe  words  of  the  letter,  1  asked 
him  over  and  over  again  to  it,  be  repeatji  it  as 
such ;  when  we  examined  bim  farther,  it  ap- 
pears that  he  could  neither  write  nor  read ;  and 
now  became  to  remember  so  perfectly,  wbeo 
be  could  not  write  nor  read  himself,*  is  very 
strange.  Why,  saith  he,  it  was  read  over  to 
me  twice,  and  we  have  heard  him  repeat  it  three 
times ;  and  I  appeal  to  the  jury,  if  any  one  of 
ibem  can  take  upon  bim  to  repeat  *it  ogaia 
witli  that  exactness  the  witness  pretends  to  do. 

Is  it  not  ccpially  strange,  my  lord,  that  Jef- 
freys, a  man  of  letters,  the  first  time  he  saw 
him,  an  itrnorant  common  scrjeant  in  the  army, 
shouhl  iiuuiedtutely  fall  into  a  iliscourse  with 
him  about  u  plot,  and  raising  a  rebellion,  as  if  he 
bad  before  been  intimate  with  him  ?  80  like- 
wise, be  saith,  of  Jamt!»  Pluuketl,  ttie  i^ame 
day,  tbe  first  day  be  caiue  lo  him,  be  came  ta 
his  own  house,  and  there-  talked  tu  him  about 
this  affair  ;  as  if  they  had  nothing  else  to  talk 
of  but  rebtfllion  againnt  the  govern  men  t.      And 

*  Lord  Cliitif  Juttice  Scroggs  his  sncecb 
the  first  day  of  Michaelmas  term,  IGfO.  rrint- 
cd  that  year.    Farmer  EdUim* 

R 


4 
4 


243J 


9  GEORGE  I. 


Tiial  of  Christopher  Layer ^ 


[244 


I  submit  it  to  your  lucdsliip  and  the  jury,  whe- 
ther it  is  likely  «ir  possible,  that  any  man  ot' 
coiiiinon  sense  shuultl  subject  liiuist-'lf  in  so 
cbiii^iTfJUS  an  afl'air  lo^iiother  ihat  was  an  utter 
Strang er  to  him :  But  here  he  t;ives  you  an 
acr.tuiit  of  tivt>  several  persons  untler  the  same 
iiii|it-iulenre,  the  same  iniattiatiou,  James 
I'lu^i'-:-  It  auil  the  non-juring-  parson.  Desuli'S, 
there  is  a  inauilL-si  contiaUieiiuu  in  hi«  evi- 
dence: fur,  at  first  he  tsaid,  that  the  non- 
jui-in;;f  parsou  told  him  his  nauic  was  Jeffreys 
the  lir>t  time  he  saw  him  ;  and  afterwards 
\mi\\r  cioss-exairiiiit'd,  he  said,  the  first  time 
he  kiicw  his  iiaiiic  to  be  so  was  upon  the  re- 
ceipt <d'  his  letter,  and  tindin>;  the  uame  so 
subscribed. 

The  next  witnesses  ^ave  an  account  of  the 
seizing  the  papers,  and  then  31rs.  Mason.  We 
a.sked  iter  it  those  pajiers  had  been  seen  by  any 
body  since  she  had  them,  and  whether  she  had 
bhowu  thcoi,  or  any  other  papers,  to  sir  John 
Meeres,  or  any  of  his  servants  ?  She  positively 
denies  it,  and  sailh  they  were  not. 

I  don't  know  \^hetlier  iliese  papers  were  seen 
by  any  body,  for  we  have  not  one  word  of  them 
in  our  brieU,  and  the  very  i)roducin^  tliem  is  a 
Ktirprize  to  us ;  lot  we  shall  pro\c,  that  this 
woman  shewed  some  paj)ers  to  sir  John  i\lecre\s 
or  his  man,  and  that  thereupon  notice  Mas 
^^Ivei),  and  the  jiapers  soon  after  seized.  But 
whether  thc<.e  are  they  or  nt>t,  1  cannot  tell. 
I  observed  before  upon  the  evidence  of  Mr.  De- 
lafaye,  Mr.  Slanyan  and  Mr.  Dovley  ;  a:;d 
though  your  lo:(l;shlp  was  of  opimon*  that  it 
was  sufficient  to  h&ve  the  paper  called  the 
t>chcme  read,  yet  we  hope  it  is  far  from  bciu^ 
u  conclusive  evidence  a^-ainst  the  prisoner,  it 
DOtbein^  found  in  his  custody;  and  ue  shall 
produce  several  viho  now  are,  and  for  many 
years  have  been  well  aci^uainted  wi;h  his  hand- 
writing, who  will  ;;;ive  your  lordship  their 
thoughts  of  it.  1  believe  i\Ir.  Attorney  uould 
not  have  endeavoured  to  call  witnesses  that  it 
was  si<^ni'd  by  him,  and  was  his  own  hand- 
writing, if  he  had  not  thou;^ht  it  material :  yet 
wc  hope  that  whun  our  witnesses  are  heard,  no 
credit  will  be  given  by  the  jnry  to  it,  as  a  fact 
to  cbarg;e  the  prisoner.  We  shall  g-ive  you  an 
account,  if  my  instructions  arc  true,  that 
Plunkett,  IjNneh,  and  Mrs.  Mason,  who  arc 
the  persons  chiefly  concerned  in  the  course  of 
this  evidence,  arc  of  so  scamlalouH  and  vile  a 
character,  that  no  re(<;ard  at  all  is  to  be  had  to 
their  testimony.  The  most  honest  men  may 
mistake  in  their  evidence,  as  Mr.  Stauyan  is 
pleased  to  i^jiy  ;  if  he  matle  any  mistakes,  I  am 
sali»fied  they  pioceeded  from  a  defect  of  me- 
mory, and  nu  ilcsitrn,  and  he  is  certainly  ex- 
cu^abie ;  hut  as  for  the  other  three.  Lynch, 
Viunkett,  and  Mason,  when  you  shall*  have 
heard  half  what  we  have  against  them,  I  dare 
stay  they  will  not  have  the  least  credit,  though 
ihey  had;^iven  a  much  more  pi-ohable  evidence 
than  they  have  done.  Bat  surely  as  it  is, 
their  eviilence  cannot  have. sufficient  weif^t 
with  yuu,  to  prevail  affaiusl  the  lile.  estate. 


and  fiuxiily  of  the  gefttlSuair lieK  btAre  von,  lift^  m  t  knANr'U; 


and   to   fix  a  perpetual  stain,  upon  him  and 
his  posterity. 

3Jr.  Huiigerfurd,  My  lord,  we  shall  call  oar 
witnesses,  and'  begin  with  my  k>rd  North  and 
(iny. 

Alt.  Gen.  W^e  desire  to  know  ivhatitisyoa 
call  my  lord  North  and  Grey  to  pn>ve  ? 

Mr.  Ilungerj'urd,  lie  is  to  g'lse  an  accDunt 
of  what  passeil  at  his  house,  what  Mr.  Lynch 
said  when  he  was  there. 

L.  C,  J.  Then  you  do  admit  that  he  was  at 
the  (jreen  Man,  and  he  weutto  my  lord  North 
and  Grey's  afkrwards? 

Mr.  Kctelbcy.  lliere  is  their  sheet-anchor. 

Mr.  Hungetford,  Wc  admit  we  were  at  the 
Green  Man,  but  committed  no  hipfh-treasou 
there ;  your  lordship  hath  set  us  ri<<^ht  in  the 
|M>ini  of  tiniinqr  our  evidence  in  the  nature  of 
this  transaction  ;  it  is  proper  to  begin  with  the 
master  of  the  Green  Man. 

Mr.  Mackrcth  sworn. 

Mr.  Hungerjord,  Mr.  Mackreth,  pray,  give 
my  lord  and  the  jury  an  account  whether  Kr. 
Layer,  or  Mr.  Lynch  were  at  your  house  lail 
summer,  or  how'lonc;  they  were  there  ? 

Mr.  KeJclbcj/.  i  think  you  are  master  of  the 
Green  Man  ? 

Mackrcth.  Yes,  Sir,  upon  the  oath  I  have 
taken,  f  do  not  know  that  Mr.  Layer  was  ever 
at  my  house. 

Mr.  Ketelbey.  Do  you  remember  any  thing 
of  the  Saturday  the  2jlh  of  August  ? 

Mackrcth.  No,  1  cannot. 

Mr.  Kctclbtj.  Do  you  remember  whether 
you  were  at  home  that  day  f 

Mackreth.  1  caiuiot  tell :  If  it  was  on  a  Sa-  ' 
turday  ;  on  Saturday  [  oflen  attend  the  jus- 
tices at  1 1  ford. 

;Mr.  Kclclbry.  Do  you  know  whether  you 
was  at  home  that  day  r 

Mackreth.    1  cannot  tell. 

Blr.  Kclcibej/.  Do  you  know  Mr.  Layer? 

Mackrcth.  I  never  saw  him  before  io  my 
life,  as  I  know  of. 

Mr.  Kctclbty.  Was  there  never  any  enquiry 
after  him  at  your  house  ? 

Mackreth.  No:  There  was  the  duke  of 
Grafton  and  my  lord  Halifax  came  to  my 
house  some  time  since.  The  duke  of  Grafton 
intimated  something  of  this  a/Fair  ;  the  duke  of 
Grafton  said  to  me.  You  are  to  be  liau^: 
Hafisfed,  for  what.'  said  I.  You  and  your 
friend  Layer  are  to  be  hanged.  Said  I,  I  never 
saw  him  m  my  life.  They  walked  to  and  fro 
in  the  hall.  'What,  said  they,  do  you  know 
nothing  of  this  Layer?  Nu,  1  don't,  as  I  hope 
to  be  saved,  directly  nor  indirectly. 

Mi-s.  Mackreth  sworn. 

l^Ir.  Hungcrford,  Pray,  do  you  remember 
any  travellei-s  at  your  bouse  upon  the  25th  (£ 
August  last? 

Mr.  Ketelbeif.  Do  you  remember  when  Mr« 
Layer  was  at  your  bouse  ? 

Maekreik,  IneTerHiwtbegGAtleiiiaBiDgqf 


H5] 


for  High  Treason. 


Mr.  Keielhey.   Are  yon  cunstantly  at  home? 

Mackreih,  Yes,  I  have  hardly  time  to  go  to 
diBreh. 

Hr.  Ketelbey.  Did  yoa  ever  hear  any  thing 
«f  a  deelmration  read  ? 

-    Mmckreth,    I  never  heard  any  thing  of  it  in 
■ydayiy  my  lord. 

Mr.  Uun^erford.   Pray,  do  you  know  tlie 
liOM  Me  pair  of  stairs  forward  in  yoar  house? 

Itmkreth,  They  are  all  forward,  my  lord. 

Vr.  Hungerford.  How  far  is  the  bar  from 

Jkckreth.  My  bar  is  below  stairs,  even  with 


Mr.  Hungerford.  If  any  thing  is  read  there 
dM,  in  any  of  those  rooms  one  pair  of  stairs, 
CmM  yoa  have  heani  it  ? 

Mackrei/i,  To  be  sure,  my  lord. 

John  Paulj'reeman  sworn. 

If.  Hungerford.  Do  you  remember  any 
iif  of  this  gentleman  bemg  at  your  master's 
Amr  on  the  25th  of  August  last } 

Ftulfrtcman,     1  remember  nothing  at  all 

•fi. 

.    Mr.  Hungerford.    You  remember  nothing 
ffit? 

FaMffrecman.  No ;  to  my  knowledge  I  never 
«e  bim  before  in  my  life. 

Mr.  Hungeffttrd.    Do  yon  remember  any 
thing  of  some  (leople  dining  there  on  a  beef-  : 
iteik?  I 

Paulfreeman,  No ;  1  don^t  remember  any  j 
thing  of  it.  I 

Mr.  Hungerford.  Do  you  remember  tliis  I 
gentleman's  face  ai;ain  ?  ' 

Pauffreemaif.  No;  I  don't  remember  that 
erer  1  saw  him  before.  I 

Mr.  Hungerford,  Is  my  lord  'Si^rih  and  ; 
Gmr  there  ?  I 

Rfr.  Hungerford.  We  shall  examine  my  i 
lord  North  andGrey  only  as  to  some  passages  ' 
at  his  lordship's  house,  and  chietly  as  to  the  ' 
character  of  this  Lynch,  and  what  a  charac-  . 
tcr  he  gave  of  himself;  generally,  a  man  i 
viH  in^e  a  good  character  of  himself,  but  he  i 
^  otherwise.  j 

Lord  North  and  Grey  sworn. 

Mr.  Hungerford,  If  your  lordship  pleases  to 

S're  my  lord  and  the  jury  what  account  you 
re  of  one  Lynch. 

Lord  North  and  Grey.    My  lord,  that  gen- 
leman  that  goes  by  the  namit  of  Lynch  I  saw  i 
l»ice  ;  he  came  twice  to  my  house  in  Essex  :  ' 
/little  thought  ihat  my  having  seen  him  twice  j 
It  my  house,  should  lie  I  he  occasion  of  my  j 
coming  hen*  m  such  a  manner.    The  gentle- 
naa  vias  wholly  a  stranger  to  me,  and  I  have 
never  seen  him  since.      As  to  mvself,  I  cnnnut 
ay  I  know  any  thing  of  him  pentonsilly.    The  : 
only  tliini;  I  cnn  say,  is  what  he  s^aid  ot  himself.  I 
It  is  a  liille  lianl  for  a  man  of  honour  to  betniy  j 
convenaitim,  what  passed  over  a  liottle  of  wine 
in  discourse;  but  since  your  lonlship  requires 
it,  I  must  submit. 

The  chief  of  our  discourse  was — H«  was  ro- 


A.  D.  1722.  [216 

presented  to  me  as  a  stranger  newly  come 
to  England,  and  had  a  mind  to  see'  my  house 
and  gardens,  lie  was  introduced,  and  brought 
there  ^accordintfly  by  Mr.  Layer,  and  1  re- 
ceived him  civilly.  In  process  of  time  he  told 
me  the  history  of  his  life  thus ;  that  he  was 
not  a  Spanish,  but  an  Irishman,  and,  my  lord, 
1  think,  educated  in  the  camp  under  an  uncle? 
of  his.  He  told,  that  when  he  was  a  young 
man,  he  had  takeu  a  great  muny  liberties. 

Serj.  Pcn^e//y.  My  lord,  we  numbly  appre- 
hend, this  evidence  is  not  proper  to  be  given  : 
If  they  have  any  particular  tpiestiofis  to  ask  of 
my  lord,  let  the  counsel  projiose  them,  or  ask 
my  lord  North  and  Grey  to  the  character  of 
Mr.  Lynch  in  general :  But  thus  to  give  an 
account  (by  way  of  repetition  of  a  discourse 
between  lord  North  and  Grey  and  Mr.  Lynch, 
where  he  was  bom,  and  where  he  was  bred  up) 
and  to  give  a  history  of  particular  facts,  is  what 
they  ought  not  to  do. 

Lord  North  and  Grey.  T  am  glad  to  be  in- 
terrupted by  that  worthy  gentleman.  I  only 
desire  to  know  to  what  points  yoa  would  be 
pleased  to  ask  roe. 

L.  C.  J.  Mr.  Hungerford,  you  know  what 
the  rule  of  practice  and  evidence  is,  when  ob- 
jections are  made  to  the  credit  and  reputation 
of  the  witness ;  you  cannot  charge  him  with 

{)arlicular  offences :  For  if  that  were  to  be  al- 
owe<l,  it  would  be  impossible  for  a  man  to  de- 
fend himself.  You  are  not  to  examine  to  «he 
particular  facts  to  charge  the  reputation  of  anr 
witness ;  but  only  in  general  you  are  to  ask 
what  his  character  and  reputation  is. 

Mr.  Hungerford.  My  lord  North  and  Grey 
is  an  entire  stranger  to  him  :  but  he  was  only 
going  to  tell  you  what  account  Lynch  gave  of 
himself. 

L.  C.  J.  That  is  very  well.  Consider,  if 
that  is  not  the  same  as  if  you  were  to  charge 
him  with  particular  facts.  You  say,  he  him- 
self, when  he  was  with  that  noble* lord  at  his 
house,  gave  a  character  of  himself  much  to  his 
disadvantage.  It  is  impossible  for  him  in  such 
a  case  to  give  an  answer  to  it ;  therefore  by  the 
rule  of  evidence  \m\  cannot  do  it. 

Mr.  Ketelbey.'  If  that  noble  lord  was  going 
to  give  any  character  of  him  which  he  heard 
from  other  persons  it  might  alter  the  case.  But 
surely  wh^n  thechaiacttM*  he  gives  of  him  is 
grounded  upon  whai  he  ^aid  of  himself,  is  not 
that  much  stronger  than  the  hearsay  of  othern, 
the  talk  of  strangers  ?  The  character  he  had  of 
this  person  is  from  himself;  therefore  we  hope 
he  shall  give  it  in  evidence. 

Mr.  Hungerford.  If  they  won't  let  this  noble 
lord  enter  into  a  relation  of  what  character  this 
Lynch  gave  of  himself,  we  cannot  help  it. 

L.  C.  J.  You  know,  if  there  he  any  ohjcc- 
tions  to  him,  to  his  seneral  rhnmctiL-r,  he  can 
answer  them:*  but  if  <ibjections  are  grounde*! 
on  parlirular  rharifes  of  his  being  a  base,  an 

♦  See  Vol.  13,  p.  1«7  ;.  and  Peake's  Law  of 
Evidence,  ch.  3,  an.  Wimesscs,  s.  2,  art.  Ge- 
neral Character,  as  there  referred  to. 


M7]  9  GEORGE  I. 

infamous,  and  an  ill  man,  not  having  any  no- 
tice of  this,  it  is  Impossible  for  him  to  liefend 
himself. 

If  you  will  ask  my  lord  North  and  Grey 
what  general  character  he  gave  of  himself, 
you  may. 

Mr.  Hungerfcni.  If  my  brief  be  true,  the 
whole  Ten  Commandments  hare  been  broken 
by  him. 

X.  C.  J.  Very  well ;  and  so  you  charpre  him 
with  the  breach  of  the  Ten  Commandments, 
and  he  most  let  it  go  for  fact,  because  he  can- 
not have  an  opportunity  of  defending  himself. 

Mr.  Ktttlhey.  What  character  m  jeenend 
did  he  give  of  nimself  to  your  lordship  r 

Lord  North  and  Grey.  I  do  nut  know  how 
to  answer  it,  as  to  his  giving  a  general  charac- 
ter of  himself.  Tims  much  1  must  say,  I  saw 
him  twice.  The  first  time  he  was  brought 
down  by  the  gentleman  at  the  bar ;  the  second 
time  he  came,  he  was  ill  received ;  and  1  or- 
dered it  should  be  told  him,  that  in  case  he  de- 
signed to  stay  there,  that  I  had  no  room  or 
anv  lodging  for  him.  As  to  particular  things, 
I  do  not  care  to  speak  of  them.  I  should  be 
very  sorry  to  say  it  when  it  was  said  in  my 
company,  and  under  my  roof. 

Mr.  Hungerford,  We  will  not  press  it  any 
farther. 

Lord  North  and  Gr^,  I  must  beg  your 
lordship's  leave,  if  the  gentlemen  have  no  far- 
ther to  say  to  me,  and  your  lordship  have  no 
farther  commandsy  that  1  may  return  to  my 
prison. 

Mr.  Hungerford,  I  hope  yon  will  make  way 
lor  my  lord  North  and  Grey  through  the 
crowd :  and,  if  your  lordship  pleases,  we  will 
go  on  with  our  evidence. 

George.  Taltfo^sworn, 

Mr.  Hungerford.  Prav,  give  my  lord  and 
the  jury  an  account  of  wliat  you  know  of  Mr. 
Lj^nch. — Mr.  Stephen  Lynch,  what  character 
hath  he  ? 

Talbot.  Why,  Sir,  the  character  I  know  of 
him  is  this,  that  he  is  a  man  that  hath  been  so 
extravagant,  that  he  hath  brought  himself  to 
necessity  by  it;  kept  very  infamous  com- 
pany. 

Mr.  Hungerford.  What  character  hath  heP 
Hath  he  the  character  of  an  honest  man  ? 

Talbot.  He  hath  a  very  indifferent  sort  of  a 
character. 

Mr.  Hungerford.  Hath  he  a  good  or  a  bad 
diaracter  f 

lalbot.  The  character  I  ran  hear  of  him  is 
a  vpry  had  character. 

Mr.  Ketelbey.  We  do  not  ask  you  as  to  the 
particulars  of  his  life  and  conversation,  but  only 
the  general  character  he  hatli,  and  the  opinion 
the  world  hath  of  liim  ;  whether  he  hath  the 
character  of  an  honest  man,  and  is  a  person  fit 
to  he  believed  ? 

Talbot.  The  character  1  have  had  of  him,  is, 
thai  he  is  not  to  be  believed. 

Att.Oen,  How  lung  have  yoo  known  him  ? 

Talboi.  I  have  not  Men  bim  these  biz  yean. 


Trial  qfChridopker  Layer^ 


[a» 


Att.  Gen.  What  is  your  empkiyn 

Talbot.    1  am  not  able  to  follow  any  ( 
now. 

Att.  Gen.  He  says  he  hath  not  w&ea  bin 
these  six  years:  how  long  ago  waa  yow  ac- 
quaintance with  him  ? 

Talbot.  I  met  him  at  the  Canaries,  when  I 
was  coming  from  thence,  which  is  aboiit  aZ; 
years  affo ;  I  know  nothing  of  him  ainoe|lHt 
what  1  nave  heard  of  bim. 

Att.  Gen.  Have  you  ever  had  any  deiKnga 
with  him  ? 

Talbot,  I  never  had  much  dealinn  with 
him ;  what  I  have  had  have  been  very  litlla  In 
my  advantage. 

Mr.  Ketelbey.  If  Mr.  Attorney  desirea  tha 
particulars- 
Mr.  Hungerford.  We  conform  ouradvei  to 
your  lordship's  rule,  to  ask  only  to  the  general 
character  of  the  man :  but  if  3Ir.  AttoriMy  will 
enter  into  particulars,  we  will  join  iaane  wilk 
hitd,  and  go  into  that  method  too. 

Att,  Gen.  1  asked  him  how  long  hahii 
known  him,  he  says  he  had  not  seen  Eim  than 
six  years. 

Mr.  Ketelbey.  Have  you  had  a  character  if 
him? 

Talbot.  The  worst  I  could  ever  hear  of  any 
person  ;  I  know  nothing  of  myself,  but  what  l 
have  heard  from  others. 

Mr.  Winchman  sworn. 

Mr.  Hungerford.  Pray,  give  my  lord  and 
the  jury  an  account  of  what  you  know  of  this 
Stenhen  Lynch. 

tVinchman.  I  knew  this  gentleman  fbnrleen 
years  ago  in  the  island  of  the  Canaries,  there 
he  kept  an  Irish  gentleman  company,  one  Wil- 
son ;  he  was  then  well- beloved  by  every  body : 
the  gentleman  took  him  into  his  company,  and 
afterwards  he  grew  extravagant  and  the  gen- 
tleman turned  him  out  of  his  company. 

Mr.  Hungerford,  Is  he  accounted  an  honest 
man,  or  a  knave? 

Winchman,  I  will  not  trust  him  for  any 
thing. 

Mr.  Hungerford.  You  say  von  will^  not 
trust  him  for  any  thing  ? — Winchman.    No. 

Mr.  Hungerford.  The  wiser  you. 

Mr.  Ketelbey,  Is  he  a  man  to  be  credited? 
Can  you  believe  what  he  says  ? 

Winchman.  I  think  I  would  not  believe  him. 

Mr.  Ketelbey,  You  are  right. 

Jame$  Darcy  sworn. 

Mr.  Ketelbey.  How  long  have  you  known 
Mr.  Stephen  Lynch  ? 

Darcy.  About  a  twelve-month. 

Mr.  Ketelbey.  I  do  not  ask  you  as  to  his  par* 
ticidar  life  and  convertAtion,  but  in  general 
what  is  his  character,  is  he  a  man  to  be  neliev* 
ed  or  credited  ? 

Darcy.  I  do  not  take  it  that  he  is. 

Att.  Gen   Where  did  you  know  him  P 

Darcy.  1  first  knew  him  Ust  winlor  ia  J 
don. 

Mr.  Hungerford.  b  IInGcoq;«  I 


UBJ  ^^^F       for  High  Treason. 

P     My  lord,  li«r«  b  n  complaiJit  mtide 
ie  irjsmepifta  caqU  be  let  in. 


A.  D.  175** 


[250 


I  C.J.  IWv  must  be  lei  m. 

hL  0<«,  Wlm  mode  tbe  complaint  f 

lif«   Him^rr/orc/*    A   geoilemikn    here   ill 


fiii  Got.   It  M  ilie  business  of^our  fi4)l)ci(or5 
ibai  way  be  niftde  for  your  wit- 


Ht.  Em^gerford*  It  in  nol  the  busineis  of 
yvm  m'mm^titrm  to  fltop  tbe  pftAfliige. 

Sd  Otm*  They  danH  «lu|>  tbe  passage. 

Wt.  Bfmgttford.  No;  Mfbm  is  vour  Kusy 
flAvirf  Ifticre  [|K>iuUfi(;  to  cvlonel  Huske^    u 

Seq.  CktMhirr,  We  must  stay  here  half  an 
mat  fsK  rvery  nittiefts. 

Sr,  Fitz^^sld  did  not  appesfi  theo  Mr* 
\  k^  ItSaioe  wsk  sworn. 

Il  UmMgrrf'^'r  ^Tr.  BUke*  do  you  know 
'  <IMbb  Ly^ncf  .  Yes,  8ir. 

m.  Mungt^j  !  J  vs  give  lay  toi-d  and 

isjfvy  •»  Arxiiunt  of  ^tni,  vrhetlier  be  is  a 
'to  be  bt^iei  ed  or  not  :* 

1  beard  a  very  ill  cbaracler  of  bim 
•cm  yearm  ago.      I  have  bcaid  that  be 
1  im  wives. 
)  MMBgirfard,     H  be  to  be  believed  or 


I  know  ootbiiig  but  by  hearsay,  1 
li#  it  fiAt  to  be  bebeved^  because  [  have 
m  \mm  efaaracter  of  bitn. 


Mr.  Coif i fix  fcwoni. 
Mr-  ITun£(rfK'd.    Wiii  you  give  my  lord 
I  [1  account  of  wbal  you  kuow  of 

ikff  1  D6?er  cxchang^ed  a  word  with 

Mi:.  Bumgerfurd.  Wbat  chsrocter  bath  be? 
I  tbJ/iJti^  A  I  c-ry  infamous  character.  1  know 
JImi  liy  cyc-^w^bi  only ;  I  have  seen  him  upon 
[iSe  Ea^iojci^r  of  l^oorion. 

FruMicr,    Is  be  a  person  to  be  Credittd  or 

lam? 

C4ifm»  No,  I  bebere  not. 

Mf.  JrcifrA  sworn. 
Trin§€rfi>r4^   Do  you  know  Stephen 

r  hatli  be, 

.MP  •  |rfrnw»i  It'  I'v  I'uii    IjIS  O&tb  ? 

itr^cJL  liklfi'tT 

Hr-  Ujim^rf&rd.  :...  i..,^  baveyou  known 

Trr^k,  Sdtorcigbi  monlbf. 

I  r,  M^Uty  and  Mr.  Bhk^  twoni.    < 
~Tr   Ari'fift^t    Mr.  K»*)(ey,  how  long  have 

il-*Mt»  t«  stepbcn  Lyntrli  t' 

'        ^  *         '      wn  bim  since  tbe 
i.^<st, 
'  "^if^ter,  IS  it  an 


I  aol  TCfy  file, 


^^  bimacha- 


Mr.  KfUiUy,  Mr,  Blake,  how  long  bare 
yoij  krtOv%o  Skjihpn  Lynch  T 

Bhiht.  8ir,  1  nearer  bad  any  acquaintanot 
with  bim,  but  i  b&vc  beard  be  bath  a  vile  ctia- 
racier. 

Mr,  Hun^tr/ord.  Have  you  had  any  dis* 
rouise  utHMit  tbis  Irialg  have  you  b^ard  any 
tbin^^  said  by  Lyncb  bimsetf  aUiul  lh«*  matter 
that  is  now  in  juiJtrnient  before  tliis  court? 

Blakc^  There  was  one  Mr.  French,  a  par* 
ticular  acquaintance  with  Lynch  j  1  met  Mr, 
French,  bearing  be  wai» »!  ibesume  inn  witli 
mCf  (I  Itelong  to  the  IVliddle  Tempt e)  and  he 
toNI  me  be  wnnieU  money. 

Sid,  Gen.  You  know  what  he  told  you  is  ool 
evidence. 

Biake.  8aitb  be,  there  is  one  Mr.  Lynch 
owes  me  a  eood  deol  of  money,  and  I  want  lo 
ifo  and  sec  bim,  and  I  have  no  mind  to  jBfo  there 
hy  myself.  Next  ilay  f  consented  to  go  a1on|^ 
with  him,  as  thinking  there  coufd  be  no 
danger  in  that:  when  we  came  to  him,  1  sus- 
pectf  says  Mr.  Lyncb,  that  you  come  for  some 
money  tint  1  owe  you.  Upon  that,  be  desired 
bim  to  Sit  down,  and  told  tbe  gentleman  lie  was 
sorry  he  had  diaapiioioted  bim.  Then  he 
begun  to  talk  of  my  ford  North  and  Grey,  and 
my  lord  Orrery,  and  Mr.  l*ayer  I  believe  I 
«batl  bang  him  ;  but  as  to  my  lord  North  and 
Grey,  and  my  lord  Orrery,  i  know  nothing 
of  them  :  I  know  nothing  mor«  of  Mr.  Layer, 
but  what  1  had  from  bim  himself.  iSome 
words  passed  betiveen  bim  and  me,  and  talking 
of  my  lord  Towns hcnd,  be  Stit  J  my  lord  Towns^ 
bend  was  of  a  morose  temper,  but  my  lord 
Carteret  was  of  a  better  teni|>er. 

I^Ir.  Ketelbe^f.  Speak  to  the  purpose ;  I  desire 
to  know  what  you  cau  say  of  Mr.  Lunch's 
character  F 

Blake,  I  don't  know  any  thing  of  Lynch, 
but  that  be  is  of  an  infamous  character, 

Mr.  Kdelhey.  What  did  besay  of  Mr.  Layer? 

Blake,  He  said  he  would  hang  bim. 

31  r.  Kttdhcy,  Did  he  say  any  thing  about 
the  f  ifcness  ot  lb©  plot,  or  why  or  bow  far  he 
tbuu£;bt  it  bis  duty  to  discover  such  villainy  f 

Btakf,  No,  I  donUknowof  any  such  thing* 
l  heard  him  say,  my  circtmisiances  are  very 
poor;  and  the  motive  that  imUiced  hitn  to  do 
tbi^«  was  to  save  tbe  lives  of  a  tbout^im^l  people. 

Mr.  Ilungerford.  Did  be  speak  any  thing  of 
getting  money  i 

Blake.  No,  I  cannot  say  any  such  thing, 

L.  C  J.  That  is  not  a  fair  question. 

Blake.  1  CAU  inft)rirt  yonr  lordship  more  i 
saitb  he,  f  was  forced  to  (f»  Ibis ;  but  if  I  had 
got  off  from  tbis  affair;  t  would  fikjh t  any 
dojcen  people  in  England  to  come  oB'tVoin  it. 

SoL  Gen.  Where  do  you  live,  Sir  ?  Do  yoa 
live  in  tbe  Middle-Temple  P 

Blake.  No ;  1  live  at  IMrs.  Ireland^s  iii  Por- 
tugal eircel. 

Mr  Uungtrford*  In  the  conversation  yott 
bad  with  Lynch,  u'ai  tbete  talk  of  any  tDoncy 
be  was  to  have!* 

SoL  Gen,  You  adktd  bim  that  tjucstion  be- 
fore, and  was  told  ii  wan  not  ti  fair  question. 


n 


251] 


9  GEO&GE  I. 


Mr.  Hungerford.  I  khiDk  I  did  not.  Mr. 
Darcy,  what  do  you  know  more  of  Mr.  Lynch  ? 

Darcy,  Sir,  I  went  to  see  Mr.  Lynch  on 
account  of  some  mone^'  which  I  lent  him, 
and  when  he  was  taken  up  in  Manchester- 
court  I  went  to  see  him ;  there  he  received 
ine  civilly,  I  took  him  aside  and  asked  him  for 
ray  roon^y.  I  told  him  so  freely,  and  asked 
him  how  he  got  money  and  several  fine  clothes 
which  he  had  P  he  told  me  a  lady  used  to  come 
twice  or  thrice  a  week  to  visit  him,  and  this 
lady  was  the  mistress  or  daughter  of  one  of  the 
chief  ministers  of  England;  he  said  this 
woman 

L.  C.  J.  You  must  not, put  him  in  this  way. 

Mr.  Kttelbey.  Mr.  Blake,  have  you  given  an 
account  of  the  character  of  this  Lynch  ?  I 
only  ask  you  the  general  character. 

Blake.  I  have  told  you  already. 

Prisoner.  I  have  two  or  three  more  to  the 
same  purpose. 

Terry  sworn. 

PrUoner,  How  long  have  you  known  Lynch  ? 

Terry.  Seven  years. 

Prisoner,  Hath  he  the  character  of  an  honest 
manP 

Terry,  He  hath  the  character  of  being  a 
loose  young  fellow ;   that  is  all  i  know  of  him. 

Pnsoner.  Is  his  character  good  or  bad  f 

Terry,  His  character  is  loose. 

Mr.  Hamilton  sworn. 

Prisoner,  Do  you  know  this  Stephen  Lynch  ? 

Hamilton,  Yes. 

Prisoner,  What  character  is  he  of,  is  he  to 
be  believed  ? 

Hamilton,  No,  I  believe  not ;  f  was  cautions 
of  keeping  him  company  ;  I  believe  him  to  be 
of  a  vile,  infamous  character,  that  will  do  or 
swear  any  thing. 

Mr.  Hungerford,  We  leave  the  character  of 
this  Lynch  here,  with  the  weight  of  the 
blemishes  charge<l  upon  him  by  our  witnesses, 
to  the  consideration  of  the  jury. 

There  is  another  of  the  witnesses,  Mr.  Plun- 
kett,  to  whose  character  we  shall  likewise  exa- 
mine. We  shall  call  a  witness  or  two  to  that 
matter,  and  then  we  shall  close. 

Mr.  Thomas  Brown  sworn. 

Mr.  Ketclhey,  Do  you  know  Plunkett  ? 

Brown,  Yis,  I  have  known  him  these  ten 
years. 

Mr.  Ketclhey,  What  is  his  general  character? 

Brovn.  He  baHi  but  an  indifferent  cha- 
racter. 

Mr.  KeteUey.  Is  he  a  man  to  be  believed  ? 

Brown,    No,  my  lord,  I  doii*t  believe  he  is. 

Mr.  Keating  sworn. 

Mr.  Ketelbey,  Have  you  known  Mr.  Plun- 
kett, and  how  long  ?  ^ 

Keating,  1  never  had  any  knowjedgvofhim 
before  tht*  beginning  of  July  last. 

Mr.  Ketelbey.  What  character  and  reputatloii 
litthheP  fibtliheagoodoranillclMnMMc^ 


Trial  of  Christopher  Layer ^ 

Keating.  I  will  tell  you :  about  th< 
niug  of  July  last  a  man  that  owed  no 
money  on  a  note  of  his  hand 

SoL  Gen,  My  lord,  we  must  opp 
going  into  particulars ;  they  know  t 
confined  to  examine  as  to  his  general  cl 
only. 

Mr.  Hungerford.  But  if  the  gentten 
follow  some  of  your  examples,  and  in 
himself  by  prefaces,  we  can't  help  it.  ^ 

L,C,J.  To  a  general  question  yb 
give  a  general  answer. 

Keating,  The  knowledge  I  have  had 
I  never  knew  any  thing  tolerable  in  hb : 
I  never  heard  a  good  character  of  him. 

Mr.  Ketelhev,  Did  you  ever  hear  a  hi 

Keating,  Yes,  a  rery  •Hiad  one,  that 
a  drunken,  idle  felfow,  always  kept  c( 
with  otli^  women. 

Mr.  Ketelbey.  And  from  the  charact 
have  had  of  him,  do  you  think  there 
credit  to  be  given  to  him  ? 

Keating,  No,  I  don't  think  there  is. 

Mr.  Hungerford.  My  lord,  here  we  y 
a  man  of  quality,  sir  Daniel  O'Carroll. 

Sir  Daniel  0^ Carroll  sworn. 

Mr.  Hungerford.    Do  you  know  PIi 

Sir  Daniel.    Yes,  Sir,  l  do. 

Mr.  Hungerford.    Pray,  what  is  his 
character  ? 

Sir  Daniel.  1  can  give  no  good  one  < 
for  it  is  a  mighty  bad  character  he  ha 
caused  his  colouel  to  be  brought  to  tow 
examined 

Mr.  Ketelbey.  I  only  ask  you  in  g 
don't  enter  into  the  |>articnlafs:  I  only 
general,  from  the  character  he  hath 
world,  do  you  look  upon  him  as  a  con 
witness  to  be  believed  against  another  n 

Sir  Daniel.  I  woulii  not  take  his  e^ 
to  hang  a  dog. 

Mr.  Hungerford,  And  here  he  attei 
hang  a  Protestant ! 

Mr.  Thomas  Spelman  sworn. 

Mr.  Ketelbey.  Do  yon  know  this  P|i 
and  how  long  have  you  known  him  ? 

Spelman,  i  have  kno^  n  him  seven  c 
years. 

Mr.  Ketelbey.  What  is  his  general  ch 
in  his  life  and  conversation  ? 

Spelman.   I  never  knew  any  ill  done  li 

Mr.  Ketelbey/.    What  is  his  character 

Spelman.     l  can't  give  any  characi 
man  I  dtni't  kn(»w.    All  1  know  of  h 
about  a  dispute  between  him  and  sir 
Carroll  about  a  horse,  and  his  desiring  tL 
yer  to  sue  sir  Daniel. 

Mr.  Hungerford,  Did  he  not  say 
thing  before  that  ? 

Spelman.  He  said,  the  lawyer  be  en; 
woold  do  bim  jnstioe. 

Att.  Oen.    Yoa  wy  yott  dw*t  ^^i^ 


Jtft  High  Treason^ 

fjmmtfrt^fhrd.    Do  ^ou  know  ibis  Plan- 

,  Id  tue  tell  you  *,  I  liave 

LAnti:>rii  iuu-<:  upon  ihii£  acc4)unlt  Hie 
Oial  1  bntu^^bt  Pliiiikeit  lo  he  uc- 
^.*).  \i.  »  .-r,  Mr  Layer's  man 
K  ,  Mr.  Laijer  bad  bis 

z*.  ;    n\wa  tlmt  1   tient 

ii  1)  liave  two  fioltticrs 

^  I.  (JO  to  Mr.  Ltt)er*8 

^  bailiffs  thai  baf  c  w  loogr* 
'^\  ^ou  must  go  and  turn 
mi.  JO  with  the  sohliers,  nod 

tlir  * '  > 'f  the  house  \  upon  which 

Mj:,  Lmjct  liai  c  him  half- &- crown :  alttfr  ibis 

Piiu)  fio  friend  but  me ;  and  he 
•  aoU  desired  me  to  apply 
for  some  money  he  &aid 
r  n  tiorsc,    1  tohl  him  1  thought 
|>rr»i«ir  Daniel  upon  that  ac- 
It  ■  •  t :  Hrf  rnomhs  a^  he  came 
I  Mr.  Ijiyer  in  Un- 
oitt  k  . ,  u.uL  Mr.  Layer  did  nut 

\mm  bim ;   i  tutd  him^bayshe,  i  am  one  of 

Oivt  tlial  ft  rv«  (I  tiirn  at  sucit  a  lime,  and  (hat 

la  bail  («^i  •M-a-crown,  and  that  then 

l--^  Tied  him.    This  is  all  I 

^rn,  and  will  tcl)  the  tnitli* 

jrd.     Is  be  a  man  as  may  be 

tCi^u  ypoo  his  oatU^  or  not? 

tU.     I  must  tell   vou,   that  I  found 

.  wm  maov  mistaken  about  hii*  own  wife, 

by  Gndf  I  would  not  take  his  word  fur  a 


A.  D.  \72f. 


[254 


x 


Httft^frfbrd,     This  contradicts  what 

...I    ..  ...      I  ^  twecn   him  and 

I  Is,  with  respect 
..T  .,.,^  ».  v.oi^u^it  fetrms  to  be 
rai^rtM^» 

How  doth  it?  1  am  to  team  again, 
laworc,  that  heentno  with  him  under 
way ,  and  tbrre,  after  he  had  talked  with 
■i  bv  i;au>  him  half-a-crown.     This  gentle- 
t  «wtn  hr  fr^vr  it  to  bim  for  the  service  he 

-fiance  of  time  before. 
3'  Go  00^  but  donH  iwear 

jUcpii  iitjy   ujurr. 

Bt9^tuY/i    I  ntn  a  iioldier,  a  man  of  hononr, 

'  '       uld  not  do  an  ill  tiling 

i^u¥  I  have  been  M^nt 


*  ^if  e  in  buit|  and  he  would 

^  bat  did  Mr.  PluukeU  say 
►  t  whai  pajised  betvieen  you 

Jt    !f  r  tn!d  mr  Mr.  Laver  gate  him 
the  service  he 
iiiti{^  tb«ofi&c«ni 

rap  Fht/lip$  nwQvn^ 
takiiow  Pluolcettf 


^h^tipi.    Yea. 

Frigoncr*    What  character  h^lh  he  ? 

Pfiulips.  1  think,  by  ivhul  I  have  known  by 
him,  he  h  not  to  be  Ixdieved. 

Prisoner.     Is  that  bis  general  character? 

Fhylipi*  It  ia;  Ui at  every  hody  gives  him 
that  knows  him. 

Altjundtr  Thytips  %vfQvt\. 

Mr.  KeUlhey,    Do  you  know  Plu&kettf 

mi/lips.    Yes. 

Mr.  ketelifty.  Flow  long  have  you  koowo 
bim? 

Philips,  I  have  known  him  about  eleveo 
weeks. 

Mr.  Kvtelbcy,    TV  hat  character  hath  be  f 

L,  C  J.  I  never  heard  tbe  like ;  when  you 
give  the  character  of  a  man,  you  g'ive  thai 
character  by  men  that  have  not  koowQ  biui 
above  eleven  or  twelve  weeks. 

Mr,  HungcrforU.  Have  you  ever  bad  ai^y 
dealing  with  him  ? 

Phyiipi.    No,  not  I ;  but  my  uncle  hath. 

X.  C  J.  Most  of  your  witnessiies  have  known 
him  but  a  little  time,  seven  weeks,  eight  weeks, 
eJeven  weeks,  ^c.  It  would  almoat  make  % 
man  suspect,  that  some  jjoopie  have  been  set 
up  on  purpose  to  give  an  ill  character  of  these 
people  on  this  occasion.  To  talk  of  seven  or 
eight  weeks  acquaintance  1 

Mf .  Hun grr ford.  That  maa  is  crowded  in 
I  don't  knuw  how,  but  sir  Daniel  Carroll  ia 
tumbled  about  and  cannot  get  out;  sir  Daniel 
is  a  t^entlcman  of  merit,  and  as  9uch  liutb  beea 
distiD^^uiahed  by  the  government)  uod  ought  to 
he  treated  a  httle  better. 

Patrick  Atahone  sworn, 

Mr.  Ket.  What ch.n at  tcr  hath  Mr.  Plunkettf 

Mahohf,  1  have  known  Mr.  Plunk*  It  several 
year«{«  and  that  he  wub  un  iiltf,  broken  man,  and 
a  great  liur,  and  not  to  Ihj  believed. 

Mr  Hunger/oni.  He  would  lye  before  and 
l>ehuuK  I  think  you  s^iy  ? 

Miihone.  Yes,  he  did. 

Mr.  Kci,  Do  you  think  he  is  to  be  oredited, 
if  he  u>mea  to  give  lesttmony  agaioat  • 
petaon  ? 

Miihone.  Upon  my  word,!  think  he  is  not, 
by  what  he  told  me ;  liecause  1  have  found  hioi 
to  lye  backwards  and  forwards. 

Mrs.  Chiid  Bwoni. 

Mr.  Kti.  Mrs.  Child,  pray  have  you  bad 
any  discourse  lately  with  Mr.'Plunkett  ihe  Ser- 
jeant ? 

Chtld.  I  never  Inid  any  discourse  with  him 
but  that  d^y  my  hit^huinl  waticonfmed,  when  I 
run  to  look  for' Mr.  Plunkat**  wife»  and  Plun- 
kett's  wife  was  not  at  horne^  but  was  gone  to 
sei»  her  husband  at  the  m«'*se»*f ers ;  I  wctit 
thither;  Mr.  Phmkelt  hearing  I  was  at  the 
door,  he  desired  that  I  should  come  iu.  SaitU 
he,  MrK.  Cliild,  how  comrs  it  that  vnur  hunbaud 
dolh  not  come  to  see  me?  Vou  know,  savs  1, 
ypou  what  aocouut  my  huiband  ahients  him- 
sell;     W hy ,  he  t*  wot  takvu  up  y el Y  Yes.  «») a 


< 


855] 


9  GEORGE  I. 


Trial  of  Christoplier  Laytr^ 


I,  be  if,  and  confined  upon  yonr  account.  He 
takes  me  by  the  band,  be  takes  me  into  tbe 
coal- bole,  and  take  notice  wbat  I  say  to  you, 
and  set  to  voor  busband  and  tell  him  quickly. 
Andne  told  me  that  he  took  my  busband  to  a 
lawyer  that  was  gohig  to  pay  on  tbe  18/.  that 
sir  Daniel  Carroll  owed  biro,  and  tbe  lawyer 
would  not  see  him,  and  so  they  came  away  to- 
gether. 

AU»  Gen.  She  speaks  much  to  tbe  purpose : 
for  she  confirms  wnat  Mr.  Plunkett  swore. 

Mr.  Kei.  What  did  Plunkett  say  ? 

Child.  He  said,  he  was  going  to  get  a  settle- 
ment for  life. 

Vkv.Ktt.  What  was  be  to  get  a  settlement  ibrP 

Cluld,  For  wbat  be  said  of  Mr.  Layer ;  a 
etory  be  had  told  me  of  my  husband. 

i.  C.  J.  You  ba?e  called  a  great  manywit- 
nesses  to  the  disreputation  of  Lvnch  and  Plun- 
kett, to  say  th^  na?e  generally  ill  characters, 
and  are  File,  infamous  fellows,  and  not  to  be  be- 
lieved ;  and  there  is  tbe  substance  of  all  your 
evidence  if  you  stay  here  till  to-morrow 
morning.  , 

Alice  Dunn  sworn. 

Mr.  KeU  Do  you  know  what  character 
Plunkett  hath  f 

Dunn.  His  character  I  had  firom  himself, 
that  he  lived  with  another  man's  wife. 

Mr.  Ket.  Hath  he  a  good  or  bad  character  P 

Dunn.  He  hath  a  bad  character. 

Mr.  JUL  Is  he  to  be  believed  ?  ^ 

Dunn,  No,  he  is  not  to  be  believed. 

John  Richmond  sworn. 

Mr.  Ket.  Here,  Richmond,  have  you  seen 
Plunkett  lately  ?'~Richmond.  No. 

Mr.  Ket.  How  loui»;  is  it  ago  since  you  saw 
himP 

Richmond.  About  three  weeks  aso  and  more. 

Mr.  Ket.  What  discourse  bad  ^ou  with 
I^unkeit  at  that  time  when  you  saw  him  ? 

Richmond.  Plunkett  asked  me  if  I  was  a 
servant  oi*  Mr.  Layer's  ?  I  said,  I  was ;  and  in 
discourse  I  aske<l  Lim  if  he  had  ever  received 
any  money  of  Mr.  Layer  for  the  use  of  the 
Pretender  ?  He  kneeled  down  upon  his  knees, 
and  struck  himself  upon  his  breast,  and  said,  he 
never  bad  received  any  money  of  Mr.  Layer 
for  the  use  of  the  Pretender  in  his  life-time. 

Mr.  Ket.  How  long  is  this?  Is  it  three 
weeks  ? 

Richmond,  I  believe  it  is  about  six  weeks  ago. 

Mr.  Ket.  Who  was  present  besides  you  ? 

Richmond.  There  was  nobody  else  in  the 
room. 

L.  C.  J.  I  would  be  glad  to  know,  that  he 
never  received  any  money  for  the  use  of  tbe 
Pretender,  what  do  you  mean  by  that  ? 

Richmond.  He  kneeled  down  upon  his  knees, 
and  said,  be  wished  he  might  be  damned  if  ever 
be  received  any  money  for  the  use  of  the  Pre- 
tender. 

Mr.  Hungetford.  Year  lordship  may  re- 
member Plunkett  swore,  that  Layer  gave  bim 
btlf  acrown  al  onetime^  and  other mon^  at 


several  other  times;  and  now  he 
swears  upon  his  bended  knees  that  be 
ceived  any  money  for  the  use  of  the ! 
that  is,  upon  his  account. 

L.  C.  J,  When  you  are  drawii 
quences  from  tbe  expressions,  cons 
those  expressions  are:  He  solemnli 
that  he  never  received  any  money  f 
of  the  Pretender.  It  doth  not  apne 
did ;  nor  did  he  say  that  he  did.     W 

Mr.  Ket.  My  lord,  we  will  leave  it 
Plunkett :  We  will  beg  leave  to  call 
nesses  as  to  Mrs.  Mason's  character. 

Mrs.  Clayton  sworn. 

Mr.  Ket.  Doyou  know  Mrs.  Masc 
Buda,  or  Mrs.  Eferbert,  or  wbat  do  yc 

Clayton.  I  know  her  by  all  thos 
Buda  is  the  name  she  always  used  i 
she  bath  eone  by  tbe  name  of  M 
Bevan,  and  Herbert. 

Mr.  4Cet.  What  is  her  character  ai 
tion  ?'^Clayton.  Very  indifferent. 

Mr.  Ket.  Is  it  bad  or  good  ? 

Clayton.  Very  bad. 

Mr.  Ket.  Have  you  had  any  talk 
at  any  time  about  su*  John  Meers  an 
Thomas? 

Clayton.  I  have  heard  her  say  tha 

Sol.  Gen.  They  are  asking  what  tl 
bath  heard  Mrs.  Mason  say  at  any  t 
sir  John  Meers  and  bis  man,  wh 
to  a  particular  fact,  surely  is  not 
question. 

Mr.  Hungerford.  What  have  you 
say  about  any  papers  ? 

Clayton.  Isee  her  have  a  printed 
used  to  go  often  where  Mrs.  Maso 
and  goine  one  day  there  I  saw  a  ( 
sitting,  which  was  Mr.  Layer :  He  I 

{lorter  for  Mrs.  Mason.  When  she  c 
le,  the  parliament- man  I  was  speakin 
{irovided  of  tbe  3001. 1  have  a  goo 
end  it  bim. 

Mr.  Hungerford,  Pray,  how  d 
Mason  get  her  living? 

Claifton.  By  deluding  young  wc 
carrvrnflf  them  about  for  money. 

Mr.  Hungerford.  That  is  to  say  a  I 
not? — Clayton.  Yes. 

Mr.  Ket.  Did  you  hear  of  any  re 
was  to  have  bv  coming  here  ? 

Clayton.  She  said  she  was  to  be  p 
she  would  not  do  it. 

L.  C.  J.  What  do  you  mean  ?  ' 
been  so  often  admonished  by  the  Cou 
signifies  nothing.  You  are  charg 
Auison  with  being  a  bawd,  when  y 
only  to  enquire  as  to  her  general  cha 

Mr.  Ketelbey.  I  asked  you  gem 
question,  whether  she  had  a  good-or  i 
racter? 

Clayton.  I  did  answer  that  questioi 

L.  C.  J.  At  this  rate  tbe  most  inna 
sons  may  be  branded  as  the  dmmI 
villains;  and  it  ia  impooiUa  iorthi 


for  High  Treason, 

Mrs.  Peirce  sworn. 
\trford,  What  do  you  kDOw  of  this 

know  I  lodged  in  the  house  where 
e. 

Itrford,  What  character  hath  she ; 
)r  a  had  one  ? 
k  very  indifferent  one. 

Is  she  to  be  believed  or  credited  ? 
4o,  she  is  not  to  be  credited. 
gitrford.  Had  she  a  good  reputa- 
ilmmons  one  ? 
$he  bath  a  bad  reputation. 
igtUy,  You  have  seen  Mr.  Layer 
rirce.  Ye«. 

Mrs.  Tri7A:inMm  sworn. 

tUbey.    Do   you   know  this  Mrs. 

».   I  don*t  know  Mrs.  Mason ;  but 
I.  Bevan. 

ihiy.  What  character  hath  she  ? 
fi.    I  know  her  to  be  a  vile  woman, 
>t  care  w  hat  she  says,  or  what  she 

*Ihey.  \%  that  her  (i^rneral  character? 
m.  Always  since  I  have  kuowu  her. 
f/6ey.  How  long  is  that  ? 
Ml,  About  two  years. 

Mr.  lyytT  swum. 

ih€y.  Mr.  Dyer,  Do  you  know  Mrs. 

T^tr,  I  kodw  one  Be  van. 

cflry.    How  long  have  you  known 

(be  liveil  with  me  13  or  14  years  ago. 

rf6ry.  What  was  her  character  then  ? 

Ibe  robbed  my  Hhoii,  and  1  sent  her 

•II. 

tlhcy.  What  is  lier  character  and  re- 

iw? 

1  desire  you  to  forbear  this  irre- 
liee. 

Strford.    Is  this  woman  to  be  cre- 
-^Dytr.  1  know  nothing  of  that. 

Mrs.  Basket t  sworn. 

r.  Had  you  any  discourse  with  Mrs. 
'Batketl.  No,  !Sir,  I  donH  know  her. 
f.  Had  you  any  discourse  with  herf 
t.  ldoQ*t  know  her. 
r.  Nor  Mrs.  Bnda  ? 
t.  No,  1  don't  know  her. 
Br,  Nor  Mrs.  Bevau  ':* 
1  1  don't  know  her  at  all. 
1^.  Do  you  kuow  ."^Ir.  Lynch?   Have 
lliiiktdv? 

^'Imwhim  l-st  nij^ht. 
ff^  DmI  you  hear  hun  say  wliat  re-  ■ 
ilihtvefor  s\*«'a»iiig  U'^aiijAt  me?  . 
*^  miMt  not  be. 

^^au  not  hear  him  sny  he  was  j 
■^earing  a-;aiiist  me :' 
ta  a  conipa.s!»ion  for  you, 
■bb  from  you,  wliith  we 
Mjttlse. 


A.  D.  1722.  [258 

SoL  Gen.  My  lord,  this  id  not  to  be  eudured. 
The  prisoner  turns  about  to  the  jury,  and  tells 
them  that  Lyuch  said  be  was  to  have  500/. 
a  year. 

jVlr.  Hungerford.  I  believe  the  geatleman 
tliat  sat  next  to  him  did  not  hear  him. 

Mr.  Wearg,  My  lord,  I  did  hear  bim  say  to 
the  jury,  that  Lynch  said  he  was  to  have  500/. 
a  year. 

L.  C.  J.  T  must  tell  yon,  if  you  did  but  con- 
sider of  what  little  consequence  it  would  be  to 
you,  you  would  not  do  it :  when  you  thought 
nt  to  make  him  your  confidant,  carry  bim  to 
the  Green  Man  with  von,  and  to  my  lord 
North  and  Grey's ;  and  there  be  was  enter- 
tained courteotuly  by  him  ;  and  do  you  come 
now  to  brand  him  with  beii^  an  ill  man  ? 

Prisoner.  Lvnch  savs  himself,  that  be  did 
not  know  me  till  June  last ;  and  bow  could  £ 
have  so  much  friendship  for  bim  on  so  short 
an  acquaintance? 

X.  C.  /.  Tbeu  for  this  woman,  if  you  would 
do  service  to  yourself,  prove  the  packets  are 
not  under  your  seal,  and  that  you  did  not  de- 
liver them  to  her  with  your  own  band ;  prove 
something  of  that,  and  these  proofs  will  be  of 
more  service  to  you  than  ten  thousand  of 
these  witnesses. 

Prisoner.  My  lord,  if  1  was  admitted  to 
prove,  1  can  make  it  appear  it  is  all  a  sbaia 
and  a  forgery. 

Mr.  Wingerford,  It  was  Dcter  proved  to  be 
bis  seal. 

L,  C.  J.  You  are  mistaken :  the  woman 
swore  it  was  his  seal,  and  the  officers  sworo 
they  were  under  the  seals  when  they  seized 
them  ;  and  it  is  proved  now  to  be  bis  seal,  for 
the  seal  is  visible. 

Prisoner.  How  do  they  prove  it  to  be  my 
seal?  iMy  lord,  it  is  not  my  seal,  i  desire 
major  Barnewell  may  be  asked  as  to  this 
woman's  character. 

Barnizvell.  1  know  her:  she  is  a  vile  woman; 
she  hud  like  to  have  cheated  me  of  1,500/. 

P/  isoner.  You  are  only  asked  as  to  her  cha- 
racter in  tjeueral.  Is  she  a  woman  to  be  cre- 
dited, or  not? 

Bamewell.  No,  she  is  not. 

Mr.  Ketftbey.  I  hope  you  are  satisfied  with 
this  general  answer. 

Mr.  Hungerford.  They  won't  tet  us  go  into 
particulars  ;  that  the  course  of  practice  won't 
allow. 

Mr.  KetelOcy.  It  is  imponsiUe  for  us  t^ 
dli'cct  the  answers  to  the  questions. 

Mr.  Lcbutt  swum. 

PrUoner,  Mr.  Leluitt,  pray,  give  my  lordl 
and  the  jury  a  general  account  of  this  Mrs. 
Buda,  or  Mrs.  .Mason,  whether  she  ought 
to  Ih*  credited  or  not,  or  t;ain  crc<iit? 

Lebfilt.  No:  .she  would  take  any  body's 
liCc  uwuv  for  the  value  of  a  f:irt!iii);^. 

Mr.  ilungerford.  Now,  my  lord,  we  will 
close  our  evidcni-e  as  lo  the  character  of  these 
witnt'sses  againi^t  the  pristmcr  at  the  bar :  we 
hope  we  barcpro^ed  their  characters  to  be  so 

S 


f59J 


9  GEORGE  I. 


Trial  of  Christopher  Layers, 


infamous,  as  no  jury  upon  earth  will  beliere 

I  hero.     Here  is  this  to  he  observed 

Fritoner.  I  be^  panlon ;  liei-e  is  mipfhty 
talk  of  my  arms:  I  am  so  fortunate  as  to 
have  a  person  here  that  will  give  3'ou  an  ac- 
count of  them,  and  bow  tm^y  came  to  be 
brought  thither. 

Mr.  Bowers  iwora. 

Mr.  Ketelbey.  What  trade  aic  you  of? 

Boaers.  A  gunsmith. 

Mr.  Ketelhetf,  Did  you  make  any  fuzecs  ? 

Prisoner.  >lo ;  pray,  let  me  ask  him  :  pra^', 
give  my  lord  and  the  jury  an  account  ot  a 
blunderbuss,  a  fuzee,  a  carbine,  and  pistols; 
what  you  know  of  them.  Did  not  you  owe 
me  six  pound  on  a  note  under  your  liand  ? 

Bowers,  My  lord,  about  five  or  six  months 
a^,  Mr.  Layer  had  a  law  suit  for  we :  I  sold 
him  a  pair  of  pistols,  and  a  little  after  I  sold 
bim  another  pair.  Mr.  Layer  had  them  for  a 
debt :  he  had  in  his  house  two  guns,  i  pro- 
mised Mr.  Beunet  a  gun  when  the  cause  was 
over,  instead  of  money .  1  gave  him  one  of  those 
guns:  there  is  another  gun,  and  a  musket 
which- Mr.  Layer  had  of  me. 

Mr.  Layer  had  a  note  of  mine  for  six  pound, 
which  I  oived  him :  1  importuned  him  to  take 
a  carbine  for  a  man  to  ride  whb,  and  a  blun- 
derbuss for  bis  house,  in  order  to  set  off  this 
debt ;  and  I  brought  him  them  when  he  was 
goinff  into  the  countrv  :  I  brought  him  some 

Eowder,  and  I  brought  him  three  doaen  and  a 
alf  of  cartridges. 

Prisoner.  Did  1  order  you  to  bring  them,  or 
did  you  brinff  them  of  your  own  head  ? 

Awers,  You  hid  me  bring  a  dozen  and  a 
half,  or  two  dozen  $  and  I  brought  three  dozen 
and  a  half:  the  reason  was,  that  1  might 
shorten  my  own  debt. 

Mr.  Baynhcm  sworn. 

Prisoner,  Pray,  will  you  give  my  lord  and 
the  jury  aq  account  of  the  piece  of  arms  I 
had  of  you,  and  for  what  reason. 

■  Raynham,  1  went  with  him  to  one  Mr. 
Prichard's  in  Frid.iy- street,  there  was  a  musket 
in  his  com pting- house;  he  said  he  would  dis- 
pose of  it:  Mr.  Layer  asked  him  his  price;  he 
said  he  would  have  fiOy  shillings  for  it.  Mr. 
Layer  saiil,  that  was  tuo  nni<:h  ;  says  he,  you 
shall  have  a  trini  of  it ;  and  if  your  sister  car- 
rier her  cause  against  Mr.  Watson,  you  shall 
give  me  50x.  for  it. 

Prisoner,  Did  he  put  it  on  me,  or  did  1 
desire  it? 

Raynham,  You  asked  him  what  it  was 
worth,  and  whether  he  would  dispose  of  it  ? 

Prisoner,  Did  not  he  say  several  times  that 
he  warned  to  diFpoae  of  it,  and  desired  me  to 
t«ke  it  on  (ho2>e  tcrnin  ? 

Ixaynhdm,  ^'c.< :  ho  said  on  that  condition 
that  your  si^t^r  ;:rot  li^u*  cause  ycu  should  have 
it,  anid  give  him  5Uj.  for  it. 

BIr.  Sttmuel  SUn-ard  sworn. 
Prisoner,   Mr.  S^«*ward,  only  give  my  lord 
and.  the  jury  an  account  whether  or  no  I  wni 


not  intrusted  with  things  of  great  1 
what  occasioh  1  might  nave  for  a  f< 
whether  you  don*t  know  of  money  p 
mortgages  P 

Steward,  Yea,  to  the  value  of  30  c 
within  these  two  years. 

Prisoner.  Don*i  you  think  it  reai 
to  these  arms,  that  1  shuuld  have  th 
house  to  guard  my  hou.sc  ? 

Steward,  I  thought  it  \ery  reason 

Mr.  Huugcrford.    My  lonl,  we 
with  examining  witnesses,  to  the  cr 
witnesses  produced  a<Tainst  the  pris 
leave  that  matter  to  the  considurat 
jury. 

Mr.  Ketelbey.  Pray,  Mr.  Stewai 
look  upon  that  paper  they  call  A  Scl 
a  French  motto  upon  it.  Before 
uiK>n  that  paper,  1  ask  you  if  you  are 
with  the  hand-writing  of  xMr.  Layer 

Steward.  Yes,  very  well. 

Mr.  Ketelbey,  How  long  have  y< 
quainted  with  his  hand-writinir  ? 

Steward,  Two  years  and  a  half. 

Mr.  Ketelbey,  Have  you  nt  anv 
him  write? — Steward,    Yes,  a  thou! 

Mr.  Ketelbey.  Do  you  believe  th 
hand? 

Steward,  I  do  not  believe  it  to  l>e 

Prisoner,  Is  it  like  I  he  character 

Steward.  Not  at  all :  you  write 
character ;  this  is  a  long  one. 

Mr.  Benntt  sworn. 

Mr.  KetcWey,     Have  you  been 
with  the  hand-writing  of  Mr.  L.iypr 

Ben  net,  I  have  been  very  wtll 
with  the  liand-writin(r  of  Mr.  Layer 

Mr.  Ketelbey,  You  have  seen  liiii 

Bemift,  Very  often,  a  thousand  a 
sand  limc^. 

Mr.  Ketelbey,  liook  upon  that  pa 
you  believe  thut  to  be  his  liand-writii 

Beunet.  No,  my  lord,  1  do  not  I 
to  be  his  hand- writing :  i  never  saM 
a  hand  like  it  in  my  life.  1  don't  tli 
his  own  hand- writing  at  all ;  1  nev< 
write  such  a  hand  tfs  this. 

Att  Gen.  8hew  him  that  [>apcr 
was  a  paper  seized  among  the  prisor 
in  the  great  bundle.]  Look  on  that 
gi\e  my  loni  and  the  jury  nn  accu 
know  whobe  hand-writing  it  is. 

Bennet.  I  believe  it  is  my  0 
writing. 

Att,  Gen,  By  whose  directior 
write  it? — Bennet,    By  Mr.  Layer' 

Att,  Gen,  For  what  purpose  was 

Bennet.  I  can't  remember. 

Att,  Gen.  Did  you  write  th; 
Layer  ? 

Jiennet,  I  believe  1  did  ;  but  J 
what  particidar  reason  I  writ  it  for. 

Att,  Gen.  Now,  my  lord,  here  it 
papers  that  were  fmiud  in  the  bmidl 
the  list*  were  fiMind,  proved  ts  he  1 
Layer'a  ckdc  by  iM.iUiictieai. 


flelipotitif^lufoitsiMllN*- 

Mllii^'lMiid-writiiiff  •  Tct  M  to  Irfi 

VAeO.  IttoAlistofimiiier 
ttoiAgf.    ^BdSmyoareidHyWlist^a 

tali.  Mylord,1ieMidiCwttiihiihiui3. 


iL».'l7«l 


l^ 


.  ThIfiiWi  found  «0oiigft1ifa  pajpers 
Idp.    ftwtsU&enfDtbttlSiiii- 
»tiie  lifts  were. 

Meftejr.  We  rabmft  it  to jfoor  lord- 
|1tte  lory :  ire  ipprehend  we  ftncve 
lirSebeiBe  not  to  belooflr  to  Mr.  Layer. 
imOed  two  witiieMet  tbatbcfelmoWta 
^  jewt,  and  have  seen  hiin  write  a 
gr  fhnca,  md  tinft  they  Terily  beUei^e 
llafcia  facnd-writiBg.  We  don't  knoir 
■  peaiiMe  to  leate  it  on  a  better  foot. 


%  my  lord,  we  aball  leare  it  to  yonr 
Mmelioii,  and  the  ifODsideratioB  flf  the 

fcijfrfinf.  Ifylordy&ntbatlilwid 
Mrfv,  ia»  Aal  ttrit  fentleman  is  indicted 
If  tovaaoB.  The  main  of  the  dim^ 
\  Wf  that  he  was  concerned  in  de- 
s'anlnsarrectiou.  How  that  ^p- 
■va  proved,  1  bare  spoke  to  already ; 

Bi  be  allowed,  that  wbatseever  deao- 
^eonaeqacnioes  miriit  now  have  en- 
lii  iMdh  bMi  no  Mood  shed,  no  armiea 
fc| tnsaaSona  attempted:  and  I  chink 
M-lfti  evidence  that  comes  not  np  to 
MrHIhe  indictment,  the  blood  of  tbia 
^Wrht  not  to  be  reached :  at  least 
flNlmpe  it  shall  not. 
mt.  tiky  lord,  as  to  Lynch,  it  appears 
fcriaaru  into  Essex  was  merely  aoci- 
WUa  we  came  to  the  Green  Nan,  we 
there  three  quarters  of  an  boor ; 
we  went  down  twice  in  the  time, 
business,  this  pobUsbinff  a  de- 
j  of  an  insurrection,  Which  is 
laid  as  an  overt  act  in  Essex ; 
done  before  dinner  bv  his  Own  own- 
I  not  three  quarters  of  an  boor  firom 
t  in,  till  the  time  we  came  out. 
|o  my  lord  North  and  Orev'a ; 
was  niere,  he  is  asked,  if  there 
s  there  about  any  such  design  P 
iras  nothing  said  of  it  there.  Is 
snch  a  design  was  on  foof,  he 
\  ahonid  go  together  to  the  Green 
Jhly  recapitulate  the  alfiiir ; 
I  ire  came  to  my  lord  North  and 
'  fabonldbesaidofit? 

\  to  Ptuokett,  hesaitb  that  he 

1  with  me  first  of  all,  by  rea- 

I  that  were  seised  in  a  bouse 

^  that  he  never  saw  me  till 

■%ia  in   Lincoln's-inn-fields. 

"Am  know  me :  we  lookhig 

Van  be  venewed  his  ac- 

^Md  me  of  foe  former 

'  ttodthereononlgave 

kteMidtmssheb 


kto  tyine  fo  Ibtii^  into  the IMmdeifViir- 
vice.  Be  conrtMsd,  is  t  proted  by  iuyor 
BarMi#dn,  thai  I  gave  it  bidllbrfortiier  ear* 
tices.  JU  ID  ifob  tbirtifen  Ahfltlnga,  he  waa 
askeHy  ^R^wCber  he  did  not  eonie  to  borrow  aoek 

aasiil'df  money  of  mv '.'  \ie  K^^id  Ir;  ilhl  ;  it 
■was  In  Older  to  release  n^njor  Bameiw^ell  out  of 
the'lBdiilMilsca.  Beinti;  asked  uh ether  Ire  was 
nok'aiq^nted  ivitli  m  Datiid  Cj\rroU,  and 
whether  there  wils  not  some  lUflTercnce  about  a 
lidiM  )n  'Spain  betweeii  them  ?  He  said  them 
WALbaii  ttuit  lie  came  to  tkdvbe  ^ith  me,  wbe- 
IherliO  oonld  reco? er  tbe  mottey  of  Daniel  Cftr* 
rollf  'Is  It  not  nataral  thai  tUe  giimea  he  talks 
'of  mitflft  be  anoiber  matiS  muoej,  lb  at  was 
tdWhnil  tVouc  Jeffjevs  was  striit  to  him  by 
me:  haialkK  to  faim  as' to  that  guinea,  when  he 
coniea  to  be  aiked^  wbelber  it  waij  not  purely 
out  Of.ldndness  md  charity  that  1  did  lead  liitn 
fliat  goinea  f  He  doth  not  deny  it  %  aQtl  now 
wonid  inalnimte  that  it  wa3  gi^en  hira  to  list 
men  ftfr  die  Fmender.  From  ibe  iroprolabj- 
lity  cfthe  fob  if,  frotn  hiis  own  owning,  no  per- 
son Goold  believe  tiitn.  1  bdiei^e  tlit^re  are 
ttinety-nine  out  of  a  hitadred  tbat  cannot  Ik;- 
lltfve  one  word  that  eUber  Lynch  or  Plutikeli 


n 


Then  the  neit  tnatitr  they  taOc  of,  tbey 
doceai^ebeme:  kov  bard  and  ilifficitljbwf 
to  ffive  any  evidSMtelbat  so  it  sboaTd  be  leiMi ; 
and  I  bumbly  apnreheod  it  did  ndit  strictW 
amoniittoiegiUevldeiiee.  Mr.IKiyley.lieaaiOt 
fie  knew  my  band  U  or  15  yOteaago,  mid  that 
be  bath  rsorived  letters  from  njeiiboiit  5  ycara 
ago,  and  hath  odmoartitlhls  scheme  withtboi)a 
letters;  and  tbefdbre bis  helices  it  to  fie  my 
hand.  When  he  comes  to  be  asked,  whether 
he  bath  thoae  letters  here  with  which  he  com- 
pared this  schbme  P  No,  I  have  them  not  here : 
yet  chiefly  hu  belief  was  that  it  was  my  hand- 
writing, by  cdinpariiig  these  letters  and  thia 
scheme  to^foer.  This  amounts  to  nothinjr 
tnore,  when  it  comes  strictly  to  be  eonndereOt 
than  only  a  similitude  of  hands,  and  swely  si- 
militude of  hand,  with  snbmission,  ia  not  proof 
in  criminal  cases  :  and  when  It  aoAOonta  to  no 
more,  it  ought  not  to  be  received. 

Here  is,  say  they,  a  circumstance  that  what 
Lynch  and  Piunkett  swore  must  be  true,  be- 
cause here  was  a  scheme  for  an  insurrectioo. 
In  this  very  scheme  or  paper,  as  1  took  notice 
of,  not  one  man  is  mentioned  by  name  in  it ; 
only  soldiers  to  be  hod  here,  the  Tower  to  ba 
seized,  the  Bank  and  the  Exchange  to  be  aeis- 
ed,  and  the  world  to  be  turned  upside  down  ; 
but  by  whom  P  There  is  no  time  mentioned, 
there  is  no  date  to  it  This  thing,  if  it  be  such 
a  scheme,  if  it  had  been  written  by  me,  which 
I  absolutely  deny  that  it  was  wnt  by  me,  it 
doth  not  appear  but  that  it  was  written  several 
years  ago.  When  they  come  to  ask  those  gen- 
tlemen, the  under- secretaries,  if  this  be  so  re- 
markable that  they  lay  the  whole  stress  upon 
this  paper,>  whether  I  acknowledged  it  to  ba 
mine,  tney  could  not  say  I  owned  it  to  be  mine. 
One  of  the  lords  lays  his  finger  on  a  paper  *^ 
aailhy  JDobt  yott  say  thia  abam  amaf 


J631 


9  GEORGE  I. 


L^t  deny  to  be  to.  flow  comes  it  that  none  of 
rtiiose  lords  directlj  oflfered  the  paper  to  me, 
pMiit  asked  me^  Is  ihbt  your  hanii-writincfi^ 
FTbere  was  my  Lord  Chancellor,  my  lord  liar- 
Icourt,  and  several  other  lords  present, ihat  very 
flikely  would  have  »^ke4  that  question ;  but 
r  cither  they  did  Dot  thiuk  it  material,  or  they 
r  liad  not  the  paper  there,  or  they  did  not  think 
I  It  of  that  consequence,  or  they  Itnew  I  would 
^deny  it. 

When  we  come  to  call  witnesses  to  this  wo- 
^man,  this  vile,  this  iofaoious  woraaOf  I  could 
Tihcw  you  she  Ijath  been  privy  to  torjj;eri*?8.     If 

it  was  not  to  take  up  your  lordship^s  iime^  I 
r  could  shew  that  this  is  a  contriTaoce  between 
[m  gentleman  and  her ;  1  ara  very  loth  to  name 

aim,  to  carry  on  such  a  paper  as  this  to  get 
"money  of  the  go?eraix)ent. 

Here  havne  been  five  or  h\x  wiioeases,  whtise 
F credit  stands  onimpeacbed,  who  tell  you  Iter 
t%'ord  is  not  to  be  taken  for  a  throat.  Another 
,  be  would  not  bao^  a  dog  on  her  evi- 
Jitfeoce.  This  Scheme  must  come  from  her ; 
F«be  sav9,  she  had  two  bundles  of  papers  that 
J'^t-ere  delivered  by  me  to  her  »eatetl  up ;  and 
itlie  says  this  Scheme  was  amon^t  them  ;  and 
ribe  can  the  better  swear  it,  Itecause  she  bath 
^»et  her  mark  upon  it.  Ooe  of  the  messengers 
Jdolh  not  know  whether  she  was  in  the  room  or 
'no.     if  this  woman  is  not  to  be  believed,  then 

all  the  other  evidence  relating  to  ihh  paper  falls 
the  ground.    It  is  a  maxim  in  reason  as  well 
^Rs  law  }    take  away  the  Ibuodiition,  and  the 
[Work  must  falK 

Gentlemen  of  the  jury,  I  would  have  you  to 
.take  notice  of  this  evidence,  and  not  go  away 
^"with  a  mistaken  notion^  because  here  is  a  vast 

ileal  of  talk  about  the  Pretender,  going  to  Rome, 
rltstiug  of  soldiers  for  the  Pretender's  service, 
J  Sec,  Your  lordship  will  tell  them  all  that  is 
rtiothing^,  unless  they  believed  an  overt  act  to  be 

done  in  Essex  r  that  is  the  true  Estate  of  the 
^  case  with  bumble  submission.  Therefore  I 
'bopp  such  evidence  as  this  evidence  of  Lynch 

and  Phiiikelt  (but  only  to  confiue  it  to  that  of 
^  J^lr.  Lynch)  Oaih  proved  nothing  at  all  against 
'me  ;  and  if  what  be  hath  sworn  doth  not  affect 

Die,  then  all  the  other  standi  for  nothing :  that 
'is  the  true  stale  of  the  case.  I  would  not  have 
'*^the  jury  think  a  man  is  to  he  hunted  out  of  Lis 
[life  by  fine  speeches,  farfetched  innuendoes^ 

and  the  like.  You  will  consider  the  character 
■"of  this  man,  thai  he  is  not  to  be  lielievt^d.  Til 
rieave  it  to  you,  and  1  hope  God  Almi^fhty  will 
^  direct  you  :    I  ask  you  no  more  thnn  justice. 

If  a  mau's  life  is  to  be  taken  away  by  such 
l^ scandalous  evidence  as  hath  apfieared  against 
I  ^e,  there  is  an  end  of  all  your  libertiey,  your 

wives  may  be  taken  from  you^  your  children 

inade  slaves,  and  all  thfal  is  valunble  to  you, 
I  jonr  lives  and  estates  will  be  hut  very  preca- 
\  lions. 

.      SjL  Gen.  May  it  please  your  lordship,  and 

ryou  gentlemen  of  the  jury,  you  have  heard  a 

»erv  long  evidence,  and  it  is  my  part,  as  ex- 

muY  and  faithfully  aa  I  cmi,  to  sum  up  to  you 


TrialofChrisfophfY  Layeff  [264 

the  substance  nf  il,  and  to  reply  to  the  objec- 
tiuns  which  have  been  made  on  the  bd|^^jf] 
the  prisoner ;    as  w*  II  to  sucb  ol 

have  been  madf  by  t-be  prisoner  hii 

by  his  counsel  for  biro,  as  I0  tbo«e  wlitefl 
from  the  evidence  that  has  oomt:  out  f> 
mouths  of  hia  wituesses:  And  nlW  1 
done  this,  I  doubt  not  but  it  will  ap^ieartf 
satiis faction,  that  thp  evidence  which  baa 
given  for  the  king  stands  unanswered,  and  b  1 
strong  proof  of  high -treason  against  the  pri* 
sooer  at  the  bar. 

Gentlemen,  the  treason  with  which  t lie 
soner  stands  charged  is  com  pa  fusing  and 
gining  the  death  of  the  king.  This  hig^h 
cnnsista  in  the  imas^iuation  of  the  heart  \ 
must  be  proves!  and  made  out  i^^insl 
ofiender  by  acts  which  he  haih  dotie, 
overt  acts  of  this  trea^ion  ailed  12 ed  to  be 
by  the  prisoner,  are,  in  the  fir«t  place,  o 
ing  nod  conspiring  to  levy  war  agaiitsl 
majesty  :  In  th^  next  pbce,  publishing  a 
sonubte  declaraiionp  containing  exhori  ^^ 
encouragements,  and  promises  of  rewBnU,l^^ 
stir  up  thii  king^s  subjects  to  take  arms,  and  | 
rise  in  rebellion  against  h\^  majesty  ;  cofttdit^  | 
ing  and  conspiring  to  exalt  the  Pretender  la  tbs  . 
crown  of  this  reahn,  and  put  him  in  posscsaioo  J 
of  the  government  by  armed  force,  and  truopf  . 
lobe  levied  jjir  that  purpose;  the  actual  io» 
lji>tihg  and  retaining  of  men  to  serve  in  this  re^ 
be] lion  ;  and,  BiiaUy,  a  conspiracy  to  seia^e 
imprison  the  sacred  person  of  the  king  hii 

Genllemeiu  the  heinous  nature  and  di 
tive  tendency  of  these  facts  were  fully 
plained  to  yo\i  in  the  opening  of  the  cause, 
they  had  met  with  success,  the  event 
undoubtedly,  have  been  no  less  than  the 
subversion  of  our  present  happy  e«tablishm 
and,  in  consequence  of  that,  the  lo^s  of  er^ 
thing  that  is  dear  and  valuable  to  t)S.      For 
reason  it  was  rightly  admitted  by  one  of 
counsel  for  llie   prisoner,  that  the  criroi 
'proved,  ia  incapable  of  aggravation  ;  and 
so  J  although  it  is  impossible  to  say  I04j  11 
concerning  it,  yet  to  say  a  great  deal  to 
must  be  unneeeitsary,  because  it  is  eijually 
possible  fur  the  hearts  of  Knglishu»en  and  ] 
testanUs  to  suj^^ge^^t  too  little  to  themselfi 
so  important,  so  moving  an  wcasion. 

The  evidence  which  has  been  given  €< 
of  several  parts  and  different  kitiils,  every 
of  which  conduces  to  support  and  ccirrof 
the  other,  an*l  taken  togL^her,  they  m 
the  fullest  and  must  convmcing  testimony 
can  be  expected  in  any  case.    In  the  first  pi 
living   wilnesses  were  produced   to  yoii 
were  privy  to  the  treasonable  acts  and 
tationa  ;  in  the  next  place,  several  papers 
lipeo  read  to  you,  some  of  them  written 
the  prisoner's  own  hand,  but  all  of  ihcti 
longing;  to   him  ;    and  last  of  all,   you 
the  coofession  of  the  prisoner  himself  pi 
by  two  witnesses. 

The  first  witness  was  Mr.  Stephen  Lyncb^ 
who  gives  you  an  account  in  what  manner  he 
was  lirEl  inuotUiced  to  the  priioutr  nt  the  bar* 


JfW  High  Trraion* 

l«  tHU  yon  he  came  into  Eiiglaml  about 
illsfl,  mtul  bud  spreral  rneeling^s  ^ith  one 
,  Miir|»hey,  wh«  wiui  his  oltl  acquaintance. 
tiN9M  oieetin^B  they  haii  a  iliscour^e  rebt- 
to  Iba    Prf;t«;iHler,  and  an  attempt  to  be 
\  for  in  i^^^r-nerai  rising  in  bis  tavtinr  ;    and 
ivin^  thus  iii**ciosed  the  secret, 
I  if  he  wy old  lie  of  the  party,  he 
■inend  him  to  a  (fenileman  who  had 

4e  share  in  the  maiia<reinent  of  the 

l^^nch  tookVime  to  deliliratr  upon  it, 
laia  mo  or  three  days  after  told  Miir|jhey 
fct  w  w«oh  ed  to  be  of  the  party. 

Mi^nyn  •r*ts  m  June  last,  Dr,  Morphey  carriea 
E^axk  to  thtt  prisooei^s  house,  who  |jra|>o»0<l 
Ji  lioB  tci  ^  to  ihe  Griflin-tavern  in  Holborn. 
IMber  lliey  went,  and  the  prisoner  1*00 n  canrve 
<liliieiii  ;  and  you  have  heard  in  nhat  manner 
Hspbey  pr^*^nied  Lynch  to  the  prisoner,  as 
l«^  the  gentleman  he  had  before  ^y^ka  to 
ItBiiT^  axid  what  propfisals  'were  made  at  that 
" — ^"-^  by  the  prisoner  to  Lynch*  That  there 
be  an  insurrection  in  the  kingdom  in 
Qtof  Ihe  Pretender,  in  which  they  ahonld 
W  sD^ported  by  a  great  many  of  the  army  and 
I  well  &ji  by  several  of  the  nobility 
and  that  he  wanted  a  fit  per^ou 
the  6rst  steps  in  it  by  aeizing 
ptnoo  of  some  general^  or  other  greut 


^^BD^pvTicu  oy 
gbt  fnords,  oi  w 
mi  weBAxyi  an 
iilidteocieof  il 


It  may  be  proper  here  to  take  notice  of  an 
ab)eaioii  which  was  made  to  this,  which 
ii  cbe  r^ry  beginning  of  our  evidence :  Thai 
LjflicV  *  :  in  absolute  stranger  to  tht?  ]m* 
MBer,  p^iiraordinary  that  the  pri seme r 

iboulii  ruaivrr  H  proposal  of  j»o  clungerous  a  na* 
lur«  to  him  at  in%\  %\\r\\\.  But  this  ia  plainly 
aceotmt«^fi  inr  Uy  the  witness^  who  telU  you  he 
Wti  I  acquainted  with  Dr.  Murptiey, 

wd  .^i  r  i      .i  was  very  intimate  with,  and  intro- 


him  to  the  prisoner  as  a  friend  who 
Might  be  confided  in.  Agiieeably  to  thi^  you 
tbKrte,  that  the  first  thing  the  prisoner  ac~ 
9Mted  Lynch  with,  was,  that  he  had  had  such 
ntoiiif  r^comnienflations  of  Lyncb^  that  he 
vti  fully  *atis6ed  in  him. 

Tbia  witness  gueti  un  to  give  you  an  account 

IhMio  a  day  or  two  alter,  in  pursuance  of  the 

Hiaetffiea  he  had  recci?ed  from  the  prisoner,  he 

ip«il  to  the  same  taTero,  and  sent  for  the  pri- 

They  had  »ome  further  conversation 

a  ni^iiiu''f  "md  the  iocltnaiion  which   ap^ 

in  the  n;itron  for  a  revohiiion.    And  now 

il  via  that  prisoner  informed  Lyuch  that  there 

^Pii«   great  man  at  the  head  of  ihiH  afiair, 

«i«jic&er  wanted  wii,  omrage,  or  restitution, 

•ad  aroold  at  a  proper  time  give  Lyuch  orders 

l»  cflvsci   something    considerable.        At   this 

•MdiDg    the    pri^ner    nariicolarly    engaged 

X»yikcb  to  seize  the  earl  of  Cadogran.    The  rea  • 

mm  of  tliii  attempt  the  witnes§  gives  you,  that 

it  trai  itiorUer  to  discourage  the  kintjV  parly 

•nd  aoiinate  the  Pretender ^».  And,  gentlemen, 

tbe  nwaatng  of  this  is  plain  and  obvious^ ;  for  If 

tnsttfrwtioii  was  begun,  what  could  be  more 
USaAy  lo  create  a  confusion  in  the  army,  and 
"  Ibe  tokiteri  to  revolt)  which  appaars  to 


i     ilUyi 


have  been  a  main  part  of  this  design ,  than  tlie 

seizing  of  their  geoeral? 

There  were  several  other  meetings  both  be* 
ore  and  after  the  prisoner's  going  into  tiio 
cotiniry,  where  the  witness  told  you  he  had  ' 
*itaid  ^txteen  or  seventeen  days.  At  those  meet- 
ings they  di$t:ourspd  concerning  theconspiracy  j 
and  at  one  of  them  it  is  remarkable  the  pri- 
soner tohl  Lvuch,  that  if  they  once  made  a  be- 
ginning here,  th£*y  should  want  no  assistance 
from  abroad.  And,  utlajtt,  Lynch  tells  you,  that 
he  being  under  iie«:essitie9,  expressing  great  uo* 
ea<iiness  at  the  dday  of  the  project,  and,  as  I 
remember,  talking  of  going  beyond  sea,  the 
prisoner  actually  advanced  to  him  a  sum  of 
money,  no  less  than  eight  or  ten  guineas  at 
difl'erent  times,  in  order  to  engatyp  him  to  stay 
in  England,  audio  a^^si^t  in  the  intended  deitigii 
of  a  revolution.  This  is  one  proof  of  m% 
overt  act  laid  in  the  inilicttnenl  of  listing  men. 

As  they  had  considered  how  to  fijspose  of  the 
general,  so  it  appears  they  did  not  neglect  the 
army;  for  Lynch  ncmmints  you,  that  upoti 
discourse  about  that,  he  asked  what  encou* 
ragetnent  they  had  from  the  army  ;  upon  which 
the  prisoner  answered,  That  they  hail  great 
encouragement  from  thence,  and  several  ser^ 
jeantfi  and  common  soldiers  had  ^men  them 
reason  to  belicvf  they  would  join  tliem.  Lynch 
being  asked  a^  to  the  time  when  this  design 
was  to  be  put  in  execution,  he  told  you  thera 
was  no  certain  time  tixed,  hut  the  prisoner  io- 
formed  him  it  was  to  be  at  the  breaking  op  of 
the  camp  \  and  tit  the  same  time  gave  a  rea- 
son for  it,  which  is  by  no  means  lo  be  passed 
over,  ^'  That  they  could  not  have  so  good  op- 
portunitieH  to  talk  with  the  soldiers  (that  is,  to 
seduce  them  Irom  their  duty  and  allegiance) 
whilst  they  were  encamped,  as  in  their  <{uar- 
ters/*  Pursuant  to  these  consultations,  Mr, 
Layer  afterwards  told  him  it  would  be  neeea- 
nary  to  take  a  proper  time  to  view  my  lord  Ca- 
dogan*s  house.  The  pretence  for  going  thither. 
was,  that  Layer  had  a  particular  of  an  estate 
which  was  to  be  sold  to  lay  before  his  lordship. 
He  tells  you  that  in  fact  they  went  to  the  house, 
surveyed  it,  talked  of  the  feasibleness  of  the  at- 
tempt, and  at  thai  time  they  also  discoursed  of 
seizing  the  Tower ;  and  the  prisoner  told  the 
witness  that  tlve  Tower  would  be  immediately 
sutTendereii  to  the  party  on  the  day  the  plot 
should  be  put  in  execution  ;  for  a  certain  officer 
would  take  ufion  him  to  mount  the  guard  there 
that  day,  who  would  facilitate  the  delivery  of  it 
to  them.  And  the  people  ofthe  Mint  were  at  the 
lame  time  u*  have  arms  put  into  their  hands. 

This  is  a  very  remarkable  passage,  and  faltt 
in  with  the  scheme  which  was  afterwards  pro> 
duceil  you  in  Ihe  |irii$oncr*s  hand  writing. 

The  next  meeting  where  any  thini^  pass- 
ed worth  repeating  to  you,  wa<;  ut  the 
Queen ^8  Head  tavern  in  Great  Queen-street; 
and  when  the  witness  came  to  the  prisoner 
there,  he  found  one  Wilson  in  company  witU 
him,  and  another  man^  who  seetned  by  his 
clothes  to  be  a  Serjeant  of  the  guardd.  '  The 
uae  to  be  nctade  of  that  fiict  ia,  that  it  is  a  cit- 


4 


SB7] 


9  GEORGE  t 


eamstanoe  which  falls  Id  with .  tlie  written 
Scheme;  for  you  obseired  that  one  Geoi^ 
Wilson  is  there  meDtioned  as  the  person  who 
was  to  manag^e  the  seijeants,  and  reccire  orders 
froui  the  principal  officer.        * 

At  this  meeting  Lynch  tells  you  they  talked 
ov«r  the  business,  and  drank  good  snclsess  to 
the  enterprize.  When  they  parted,  he  com- 
plained to  the  prisoner  of' the  k>o<*'  delay.  Upon 
which  Mr.  Liayer  told  him  there  was  a  noble- 
man at  the  head  uf  the  desig^n,  who  had  fuii 
power  and  authority  from  the  Fretendei*  (whom 
Be  called  kin^,)  who  would  lose  no  fit  op|>ortu- 
Dity  to  put  it  in  execution.  He  did  not  name 
this  nobleman,  hut  tohl  Lynch  that  he  should 
be  iiresented  to  him  in  dne  time,  and  also  re- 
ceive orders  Irom  him  to  seise  my  lord  Ca- 
doii^an. 

Gentlemen,  it  will  be  rery  material  for  yon 
to  fix  thi»  circumstance  in  your  memories,  and 
to  connect  it  with  the  evidence  which  comes 
afterwanis,  and  what  was  done  in  consequence 
of  this  meetiofi^. 

For  after  Layer  had  f  hns  declared  that  there 
waM  a  nobleman  at  the  head  of  the  conspiracy, 
and  Lvncli  should  be  presented  to  him  in  due 
time,  thro  it  follows  that  upon  the  $4th  of  Au- 
gust, the  dav  the  bishop  of  Rochester  was  com- 
mitted to  tfie  TiJwer,  which  appears  by  the 
evidence  to  be  the  time  of  their  next  meetinqf, 
Blr.  Lnyer  proposed  to  L3mch  to  ride  out  to 
take  th«*  air,  which  was  agreed  upon  for  the 
next  day. 

In  tliat  joumev  the  prisoner  pemiade<1  Lynch 
to  carry  arms,  because,  as  he  then  decl:ired, 
*<  He  had  that  about  him  which  he  would  not 
lose  for  all  the  worW.**  Upon  the  road  Lnyer 
told  Lynch  tiiey  were  to  go  to  my  lord  No'rth 
and  Grey's,  and  when  they  were  got  pretty 
near  the  Green  Man  at  Laytonstone  in  Ks!«ex, 
it  was  thon^-lit  to  be  too  kite  to  go  on  to  dine  at 
lord  North  andG-rey's;  and  therefore  the  ]>ri- 
aoner  proposed  to  stop  at  the  Green  Man  to  tak« 
a  dinner. 

At  this  place  the  overt-acts  of  higb-timson 
comntiitcd  in  Ksscx,  which  we  were  so  much 
called  iijxtn  to  make  out,  do  arise.  During  their 
stay  li(^'e,  the  witness  gives  you  an  account 
that  they  di:«C(>urscd  of  the  whole  project  of  the 
insiiiTfctitin,the  lueansol'eflectini,^  it,  tlie  unea- 
siness that  wns  in  the  nation,  and  in  creneral  ail 
the  M>veral  nintteis  they  had  consulted  of  be- 
fore ;  and  at'ler  they  ha(rdone  this  he  tells  yon, 
Mr.  Layer  the  prisoner  pr\>f)0swl  to  him  that 
deustab:c  and  shockinij;  dcstirn  of  seizing  the 
sacred  person  of  tlic  king,  which  he  sometimes 
called  ^*  sending  u  strong  guiird  to  take  care 

of" at  other  times  to  secure,  the  king's 

person. 

He  telU  you  farther,  that  Mr.  Layer  nulled 
out  of  his  pocket  a  manuscript  paper,  anu  deli- 
vertd  it  lo  the  witness  in  prt  toldetl  down,  and 
he  read  that  part  of  it  w  hieh  was  left  open. 
That  this  paper  contHined  a  declaration,  with  a 
recital,  that  my  lord  Cadogan  was  then  actually 
in  their  custoily  :  That  there  were  in  it  invi- 
tations to  the  x>copl«  to  ri»e  in  ariw  and  repair 


*isr^ 


Trial  qfChrutopher  Layer ^ 

to  their  party :     enoornvgementi  to  \ 
diers  to  revolt,  with  an  offer  of  three  (^ 
every  horseman  and  seijeatit,  two  gala 
eviTy  corporal,  and  one  ^ineft  to  ereiy 
mon  soldier,  to  be  peid  immediately  9m 
joining  the  party ;  and  a  promise  oflT    — " 
rewai^is.     Lynch  a^uaints  j'ou,  thitfT 
souer  talked  of  this  declaration  bimr^ 
own  composing,  and  that  from  the  i 
which  passed  l^txvcen  them,  and  the  i 
a  nee  of  the  paper,  he  apprehended  it  I 
the  prisoner's  hand-writing. 

My  lord,  after  lliis  declaration  bad  I 
port  need,  the  prisoner  took  it  bock  eg 
It  into  his  pocket,  and  kept  it ;  and  tfa 
the  paper  itself  being  in  his  custody,  i 
properiy  admitted  to  prove  the  contents « 
parole  evidence ;  and  I  apprehend  if  \ 
no  further  proof  of  these  overt-acts  whie 
done  in  Essex,  this  alone  is  fully  x 
maintain  the  indictment  to  he  regnilarfH»y 
profrerly  found  in  that  county. 

From  the  Green  Man  they  went  on 
ping,  to  my  lord  North  and  Grey's,  witftai 
It  b  admitted  the  witness  was  not  at  fli 
quainted,  and  consef|uent]y  could  not  of  ' 
self  have  any  particular  reoson  for  goii^ 
ther,  but  it  appears  to  have  b<»en  upon  ifcr  "i  ^^ 
tion  of  the  prisoner.    When  tliey  came f^^^JX 
lor  J  North  and  Grey's  house,  Lynch  telli  jT^T' 
tliat  the  prisonpr  introduced  him  to  hii  '^Ti  * 
ship  ;  and  this  brings  liack  to  one's  iBem<^|^^2 
and  makes  it  impossible  not  to  recollect  ^J^Sl 
the  prisoner  had  tohl  Lynch  at  tberr  fasttMC^^^L. 
ing,  in  time  next  preceding  this  joumev,  *'''^^. 
there  wa«  a  great  man  at  the  head  of  tms  ^*2Z 
sign,  to  whom  he  should  be  presented  in  it**^ 
time.  ^^ 

Gentlemen,  aHer  this  Lynch  went  a  wBOfO^ 
time  to  my  lord  North  and  Grey's  at  Eppiit^^ 
and  there  he  found  the  prisoner  at  the  bar ;  in'* 
deetl  he  does  not  own  to  you  that  any  thiniT 
passed  between  them  relating  to  this  cons|iinief 
in  the  i>resence  of  my  lord  North  ;  but  at  tti^ 
]dace  Lynch,  in  conversation  with  Mr.  LayHS 
'  expressed  an  uneasiness  that  the  affiiir  vrasd^     /^^ 
I  Inyed ;  but  Layer  bid  him  be  easy,  for  it  might    ~ 
I  be  done  sooner  than  he  expected.  ' 

I      Gentlemen,  this  is  the  substance  of  the  eri^ 

deuce  of  what  passed  in  Essex.    But  the  wi^     ^ 
I  ness  tells  you  he  had  atlerwards  several  oon^    r^ 
\  versations  with  Mr.  Layer ;  and  when  he  e»-    ^ 
'  pressed  his  concernment  at  the  delay  of  pottia||   ^^ 
the  di-sign  in  execution,  Layer  told  him  he  was    r 
I  so  l)ent  u{M)n  the  success  ot  it,  that  rather  thsi 
it  should  fail,  he  would  be  a  second  Massinelb: 
I  This  was  represented  as  a  ridiculous  expressioii 
j  by  one  of  the  counsel  for  the  prisoner :  but  iv% 
i  have  all  heard  what  cont\isions  were  raised  b)^ 
I  that  profligate  fellow  in  the  kingdom  of  Naples;      .' 
I  and  it  is  plain,  that  was  the  example  the  pif* 
soner  referred  to  by  this  exprr^ssion. 

Mr.  Lynch  was  cross-examined  by  the 
oonnsel  for  the  prisoner,  with  as  mnch  liberty 
as  they  thought  fit  to  use  ;  bnt  1  did  not  ob- 
serve that  his  evidence  was  at  aH  weakened, 
1  think  1  may  tay,  it  was  rather  conftrsNd  by 


K9]  ./or  High  Treason. 

it,  lince  it  «va»  nnon  their  own  q'.iestioiis  he 
fit«  h»  reasons  now  Layer  came  to  deal  8o 
0'^}'  and  unguardedly  niiib  him  at  first  sight. 
And  ihoae  reasons  were  strong ;  for  it  is  not 
improbable,  if  Murphey  and  Layer  were 
cocked  io  a  treasonable  design,  that  one  of 
thou  should  liaTe  confidence  in  a  third  person 
m  w  itruog  recommendation  from  the  other. 

TW.  next  witness  is  Matthew  Plunkett,  and 
1  tafitbend,  notwithstanding  evory  thing  that 
ktu  tan  said  against  his  testimony,  that  it 
is  mbfr  strengthened,  as  to  the  facts  sworn  by 
hi^  dban  weakened  by  the  evidence  for  tlie 
prwmtf.  He  tells  you,  his  first  acquaintance 
vih  Mr.  Layer  was  about  five  years  since, 
Mrf  bad  lift  rise  upon  this  occasion  :  the  goods 
■  ibe  bouse  vilierc  the  prisoner  then  lodged, 
hdng  taken  in  e.Necntiony  (whether  his  own 
fitds  or  not,  is  nut  at  all  material)  one  major 
BHBewen,  who  has  been  examined  for  Uie  pri- 
mm^  was  employed  to  procure  persons  to 
iHBC  those  giuds ;  Hamewell  applied  to  this 
■VMS,  who  got  two  grenadiers,  that  were  let 
ii  gt  m  private  door  by  31r.  Layer's  clerk. 
Th^  did  their  work,  drove  out  the  uiiiccrs,  and 
amedlbe  goods;  and  f'lr  this  sen  ice  Air.  Layer 
nwaids  tliem  with  a  crovTu  and  some  brandy. 
Hbee  that,  it  appears  he  Ims  been  empIo^-eJ  on 
flibcr  messages  between  major  BiiruewiH  anil 
Ibe priaoDer ;  and  in  v.  hat  rraniier  Plunkett  is 
■pported  in  llicse  circumstaiiccr,  and  by  con- 
■faeace  in  the  rcf:t  of  his  testimony,  by  irinjor 
^  BiraewcU  hiiiiFt-ir,  who  has  been  produced  io 
fciiidi*.  htm,  I  s!i:ill  obsf^rrc  wlien  1  come  to 
fanider  the  etidence  for  tlio  pri»on(:r. 

Bui  the  witness  havin;v  irivon  you  this  ac- 
CMn»  cf  ll:r  intrrdi;?:ion  i'»  ^^l•  c-^viT.:j>pi!i!r:'.f  c, 
tilli  you.  xl.r.t  \:i  July  list,  J:.nics  Pl-.iukctt 
one  lo  hill  \'\nn\  the  p:'«- jikt.  cnqnirrd  pri- 
mely what  :».rq'.iaintance  hv  had  lunoniTstthc 
•W.-r*.  p.rA  ilisireil  hint  to  mcft  t!:p  |jrist>ncfr 
It  llie  lla:i:.n  roirpp-Lous'  in  Rn.-.  ;cl- court ; 
Wbe  di'!  fiotr.^.uet  bim  tlic^re,  not  havjn;r  money 
Mr  iacliuation  to  i^o  to  a  OMfletr-liouso.  Me 
ptn  you  :iri  account ,  that  on  thi;  Sunday 
bBwrinj, riiiiniingfro'ii  St.  Amircw's church, 
Mbc  wa»*  i^oinjf  over  F.«nco|u's-iiin- fields,  Mr. 
la)#T  n.*-t  bin>.  I'lMikett  had  Jbr(roiten 
Ujer's  t.ire;  bat  Luycr  roiiKtr.bcicd  iiiui. 
Hi  Sftkifj  htm  if  be  knew  h'.ui ;  to  which 
ikfrit  aiiMvcTinic  that  Itr;  diil  i::ir,  the  pri- 
r  told  hiir.  hi  name,  \y\\\v.\\  maile  bim 
lyiut.  Layer  then  f  TitMMicilir.faniesPlun- 
pha'i  ii't  lirun  uilh  tne  uitiiess,  tii  desire 
htoi-(iM>  to  the  ila!iaricorrci>-iiouse,  a  few 
li:*i''>ie;  nod  liavintT  niade  bimsdf 
by  ll.-esr  cir(-iiiiL';<:uice>i,  look  I'loiikett 
;i!  a  I'liii* 
uilli  iU- 

;  ^..i'l  ii«> 

i';«':.l..t! 

*«iald  lie.i#l  andfh>3ci[''iri.'  n  u:t.>b.  f'>r 

■Tinen  cnDUi^h.     Piuii!>-ett  suiii. 

*Tal  old  soldiers,   but  he  iicsi- 

^^  tbe  Pretender's   being  a 

ItitalMaff  il)e  force  of 


lpriv:iti'  plr.rre.     'I'iirr.-  list  \ 
at  ion,  in  lui'di  ]/t\'  ;-  ! 
'  bow  M«1I  assur<  d  !' :  u:< .  r. 
Uons  to   I'le   \\i  U.-:.'.vr.  : 
same  idd   s:jlilin-s,  mi:-  !i  i 


A.  D.  1722-  [27a 

that  scrapie,  answered,  **  We  had  as  good  have 
a  Papist  for  onr  kiog  as  a  Lutheran,  I  don't 
know  \\hat  difference  there  is  between  tliem" 
(tliatih)  between  a  Popish  king  :uid  a  Pro*. 
testantone-^ — An  im]Mirtant difference!  which 
I  wish  with'^all  my  soul,  were  not  too  much 
forgotten,  or  |)erhaps,  too  little  valued,  bj 
many  amongst  us,  who  are  not  so  frank  in  de^ 
daring  as  the  prisoner. 

Mr.  Layer  proceeded  to  excite  the  witneu  to 
join  in  bis  treason,  by  a  false  representation  of 
tbe  state  of  the  nation,  and  particularly  of  the 
injustice  as  he  called  it,  which  was  done  to  old 
soldiers  who  had  served  abroad;  a  topic  most 
likely  to  captivate  an  old  Serjeant.  After  thia 
preface,  he  informed  the  witness  there  was  to 
oe  an  insurrection ;  and  Plunkett  askinj^  who 
was  the  promoter  of  the  design,  tokl  him  it  was 
my  lord  North  and  Grey,  whom  he  commended 
as  a  due  general ;  anil  then  he  went  through  a 
sort  of  list  of  several  other  persons  of  consi- 
deration. The  witness  has  declared  that  ha 
knew  several  soldiers,  said,  be  could  procure 
(ive-and-twenty,  whereupon  Mr.  Layer  desired 
he  would  make  a  list  of  their  names,  and  the 
places  of  their  lodirings,  that  thej-  might  be  in 
readiness  upon  calj ;  and  at  partmg  gave  bun 
half  a  crown. 

After  they  had  thus  talked  of  the  conspiracy^ 
there  followed  a  very  observable  passage  ;  for 
the  prisoner  declared  that  tbe  design  had  l>een 
put  in  execution  some  time  ago,  if  some  person 
had  not  discovered  it  to  tiie  FremHi  amlNi>»sador9 
who  writ  of  it  to  the  recent,  and  tio  it  was  no- 
tified to  the  king.  Ilouever  even  this  apjire- 
hcnsion  of  a  discovery  did  not  terrify  them,  for 
t!i(*  project  was  to  <;o  on.  Tbe  late  duke  of 
Orniond  was  to  come  in  a  single  ship,  and 
general  Dillon  in  another,  and  they  were  to 
bring  others  with  tbeni ;  which  you  take 
nf;ticc  fulls  in  witii  the  eudcnce  of  Lynch,  that 
Layer  declared  to  him  that  they  shouhl  not 
want  encouragement  or  assistance  from  abroad, 
when  once  they  had  made  a  beginning  here. 

The  next  intercourse  between  tlie  prisoner 
and  riu::kett  was  not  personal,  but  by  the 
nioaus  of  one  .lefl'reys,  a  non-juring  c1^rgy  man. 

(iiM'leruen,  you  observed  that  tho  prisoner 
told  I'iut.i.nt  al  parting,  that  he  would  send  a 
n)l^^et  '^i-v  Hi  Itiiii  with  mont-y ;  and  afterv^arda 
al  ikis  ovvii  house,  on  the;  nioVning  he  went  out 
of  t  'Sn  fui-  N'oriolk,  that  he  had  left  a  guinea 
wi-ii  a  noM  -jining  clergy  man  to  give  him  to  do 
service  with; — and,  snys  Layer,  whilst  lam 
ai)niiui,  you  muy  bo  sure  I  shall  not  be  idle. 
\ceovi;in*gly  Mr!  Jetlreys  eanie  uiihin  a  few 
•I  'N^  al'tcr,  and  appears  to  be  that  eUr^yman  ; 
f -r  lie  said,  he  eauie  from  Mr.  Liu-r.  tie 
tells  \ou,  tluy  diseouised  on  the  old  subject, 
Mill!  Ji  tlVi-ys  desired  he  wouM  get  men  in 
n.'-'Mir^s.  :iiut  said  he  l::id  ^<'^4'lal  other  places 
i'>  :<o  t'»  ou  the  s:.ii)c  err:>nd.  .Iefi'n-\s  gave  the 
u.liif.ss  fio  ut"ne\  at  tliai  litfie.  hot  came  a 
stC'Uid  lime,  :ind  giUi*  iiini  oiiiy  balf  a  guinea, 
w  liieli  he  said  Ij»\  er  li:w{  mi. I  liim  for  hi^  enc0u« 
riiufenitnt.  lUisid^-s  liiis,  he  tills  you  liayer 
gake  hiiu  a  crotvn  at  tlie  Castle- tufern,  in 


971] 


9  GEORGE  I. 


Drury-lane,  expressly  to  encoura^  him  to 
list  men  for  the  Pretcoder.  Upon  the  pri* 
soner's  return  to  town,  a  letter  vras  sent  by 
Jetfre^s  to  the  witness,  to  desire  bim  to  go  to 
the  pnsoner*B  house ;  and  when  be  came  there, 
the  prisoner  ga?e  him  a  guinea  with  liis  own 
hand .  There  were  several  other  conyersations, 
aeyeral  thinss  said  to  keep  Plunkett  firm  to  the 
design,  and  many  groundless  and  malicious 
slanders  cast  by  the  prisoner  upon  his  majesty's 
ffoyemment;  and  in  all  those  conversations 
Plunkett  tells  you,  the  prisoner  always  stiled  the 
Pretender  king.  It  would  be  tedious  particu- 
larly to  repeat  all  these  things  to  you ;  but  there 
is  one  thing  I  can't  help  olMerTiiig,  before  I  go 
off  from  this  part  of  our  evidence,  I  mean,  that 
Plunkett  told  you  more  than  once,  that  he  was 
to  procure  five- and- twenty  old  soldiers  for  the 
service.  Now  that  happens  to  be  exactly  the 
number  which  is  assigned  to  each  of  the  eight 
Mijeants  in  the  prisoner's  own  Scheme,  which 
was  produced  to  you,  and  is  a  strong  circum- 
stance in  support  of  this  witness's  testimony. 

Gentlemen,  I  have  gone  through  the  evi- 
dence of  these  witnesses,  and  I  beg  l«*ave  to 
say  they  are,  within  the  meaning  and  inten- 
tion of  the  law,  two  witue&>esto  prove  the  high 
treason  charged  upon  the  prisoner ;  and  it  hap- 
pens in  this  case,  that  they  make  out  all  the 
particular  overt  acts  alleged  in  the  indictment. 

Both  Lynch  and  Plunkett  prove  repeated 
consultations  to  levy  war,  to  bring  in  the  Pre- 
tender, and  the  actual  listing  of  men;  and 
Lynch  alone  proves  the  publishing  the  treason- 
alile  Declaration,  and  that  part  of  the  desiirn, 
which  nobody  can  hear  without  the  utmost  in- 
dignation, the  seizing  his  majesty's  person. 
From  henceforth  i  apprehend  I  may  take  it, 
that  the  charge  is  proved ;  though  in  truth  we 
have  gone  a  great  deal  farther  in  order  to  put 
the  testimony  of  these  witnesses  beyond  all 
doubt,  to  deliver  them  from  all  (MKsible  objec- 
tions, and  to  demonstrate  to  you  the  nature  and 
extensiveness  of  this  black  conspiracy. 

The  next  head  of  evidence,  is  that  of  the  pa- 
pers ;  and  notwithstanding  the  little  cavils 
which  have  been  urged  against  them,  those 
papers  are  fully  proved  to  be  the  prisoner's, 
and  by  him  delivered  to  Mrs.  3Iason.  It  stands . 
thus;  Mrs.  Mason  swears,  that  the  prisoner 
delivered  these  pa|)ers  to  hor  in  two  packets,  as 
thuigs  of  great  consequence,  Si*aled  up  with  his 
own  seal,  which  seal  is  now  remaining  anil  ap- 
pears on  the  covers.  That  she  locked  them  up 
safe  in  her  trunk  till  thev  ^ere  seized  by  the 
messengers,  and  out  of  tliat  trunk  the  messen- 
gers took  them.  That  she  set  her  mark  upon 
each  particular  paper,  ^liich  appearsto  be  the 
same  mark  which  by  way  of  experiment  they 
would  have  her  to  make  in  court;  and  she 
swears,  that  these  are  the  very  same  pa{)ers 
which  the  prisoner  delivered  to*  lier  witli  his 
own  hands.  The  two  messengers  gave  you  an 
account,  that  they  seize<l  these  papers  at  Mrs. 
Mason's  lodgings,  on  the  29tli  day  of  Septem- 
ber last ;  that  they  took  the  two  packets  out  of 
thotninkfUMiuM  inl  buy  ihMiv 


Trial  of  Christopher  Layer^  [272 

covers,  and  that  BIrs.  Mason  was   by,   and 
presence;   that  the^ 


marked  them  m  their 

likewise  put  their  marks'upon,  and  never  deli- 
vered them  out  of  their  custody  till  they  had 
so  done.  Indeed,  Turner  says  be  left  them  in 
the  hands  of  his  fellow -messenger,  Spear^ 
during  the  little  time  he  went  for  Mr.  Stanyao; 
but  Spear  swears  they  received  no  naannerof 
alteratwn  during  that  space;  and  upon  the 
whole,  they  swear  them  to  be  the  aame  [ 
which  the]^  took  out  of  the  trunk. 

Upon  this  evidence,  we  apprehend  we 
entitled  to  have  read  the  pa|)ers,  without  giving 
any  farther  account  of  them. 

I  did  mention  to  your  lordship  the  caie  of 
my  lord  Preston,  which  was  not  so  stroDff  ;  lor 
he  lying,  together  with  Ashton,  in  the  bold  of 
the  ship,  upon  the  ballast,  a  bundle  of  papers 
lay  between  them ;  Ashton  took  them  up,  and 
put  them  in  his  bosom,  and  there  they  were 
seized ;  but  being  found  together  with  my  lord 
Preston,  those  papers,  though  the  very  overt 
acts  of  the  treason  laid  in  the  indictment,  wcra 
read  against  him  u|ion  that  proof  only.  In- 
deed, alter  they  hail  l>een  read,  the  king's 
counsel,  in  order  to  give  a  farther  stren^h  ta 
one  or  two  particular  papers,  entered  mto  » 
proof  of  their  being  my  lord  Preston's  own 
hand-writing. 

The  first  paper  we  called  for  was  the  Scheme, 
a  regular  plan  of  this  conspiracy ;  and,  gentle- 
men, in  order  to  prevent  any  pretence  of  hard- 
ship, before  we  read  it,  we  called  a  witness  to 
prove  this  Scheme  to  be  the  prisoner's  hand- 
writing: it  was  Ulr.  Doyli'V,  who  swears  ho 
>erily  believes  it  to  be  his  hand.  He  gives 
you  the  reasons  of  his  belief;  that  the  pri- 
soner lived  with  him  as  a  clerk  two  or  three 
years,  not  whilst  he  was  a  boy,  but  aller  he  had 
served  some  time  with  another  master,  had 
been  used  to  business,  and  gained  a  settled 
hand  ,  and  during  that  time  he  frequently  saw 
him  write.  I'o  support  this  farther,  he  tells 
you,  that  he  had  trausacteil  bu!»ines5  for  Mr. 
Layer,  aaihis  a:^ut,  until  about  four  or  five 
vears  aqro,  and  had  received  several  letters  from 
Iiim,  which  he  was  sure  were  his,  because  he 
(Mr.  ]>oyloy)  had  dune  the  business  retpiired 
to  be  (lone  by  those  letters,  and  Mr.  Ijayer  had 
paid  bim  fur  it ;  that  he  had  comparedhis  pa- 
per called  The  Scheme,  with  those  letters; 
thattlie  character  of  the  letters  agreed  uiih 
what  the  prisoner  wrote  when  he  was  clerk  to 
him ;  and  ihe  character  of  the  Scheme  with 
that  of  the  letters. 

liut,  (gentlemen,  this  Scheme  is  an  evidence 
so  coiisideriiliie  in  itself,  and  of  that  general 
consequence  to  this  whole  cause,  that  we  went 
tJEirtlier  yet,  and,  not  out  of  any  necessity,  but 
in  order  to  give  you  abiiudaiit  satisfacti<in,  we 
proved  it  to  l»e  wiiiien  by  the  prisoner  from  hit  • 
own  amfession.  Mr.  SSisnyan  told  you,  tbit 
the  prisoner  ii|>on  his  examination  before  lbs 
lords  of  the  committee  of  council,  where  be 
was  prpsent,  and  took  notes,  confessed  tbi^ 
Schemeto  be  of  his  band-writinjg^.  Tbe  couP^; 
■el  Ibr  Um  priaoMr  olgeGted,  thu  quealMm  v«*^ 

8 


f7J] 


Jtit  High  Treasotu 


A.  D.  1722. 


[274 


Ml  diraellj.  asked  him  (fa  this  your  hand?) 

wai  ceoH^oantly  he  rtid  not  say.  It   is   my 

kM4    It  w  true,  that  does  not  apfienr ;  can 

fkam  be  m»  other  evidenee  of  a  confession,  but 

saeh  direct  questions  and  answers.    Upon  the 

cnamtioo,  the  prisoner  was  aske«l,  whether 

hckeeir  of  a»y  arms  lodge<l  in  Westminster  P 

Hclrtdthe  lords  he  knew  of  no  arms  bein^ 

MgidL   Thereupon  this    paper   was  shewed 

Vn,  sal  he  was  asked,  '*  How  came  you  to 

viiftiii  Mb  Scheme  of  your  own  hand- writinj:^, 

te  1km9  were  arms  lodgeil  ?'*    To  this  ha 

■stfeaaswer  it  was  a  mistake,  I  should  have 

viS  anvs    that  should  be  lodged.    Can  any 

iay  ba  snore  plain  than  this  ?    It  was  so  eri- 

^■t  that  the  paper  was  writtou  by  him,  that  it 

«ii  take*  for  granted,  and  called  bis  hand- 

aiilisr  ID  the  very  terms  of  the  question  ;  |iro- 

Wy  DO  had  GonfcsRcd  it  before    the  clerks 

i«  catted  in.     tf  it  had  not  been  his  hand, 

^iNaoltbe  natural  answer  have  bien,  Why 

diysaask  tne  almut  what  is  wriiten  in  that 

ftftt  ?     I  know  nothinsr  of  it,  it  is  not  my 

had-wriliuff ;  bat  instead  (»f  ilint  he  Sfluiils  it 

•iiksat  the  H*nM  difiirulty,  ami  takf-s  up(»n  him 

••  Iril   the  lords  what  he  intended    to  have 


The  gentlemen  en  the  otlior  sjile  cudfavn 
aliD  avoid  the  force  of  this  f^vidoncr,  fiv  I 


•avour- 

^   this 

■^ioustam — '*  I  should  have  writteu'anns 

shoulil  he  lodgi^d,"  (that  is)  '*  If  I  had  writ 

il,  I  shouki  have  written  arms  that  should  be 

hdged."     But  I  desire  to  be  informed,  if  he 

'4  not  write  it,  how  came  he  to  know  any 

lisg  about  it  ?     How  couUi  he  take  upon  him 

ti  say  it  was  a  mistake?     Whose  mistake? 

Be  adoiit^  it  to  be  his  own.   8o  that  this  obser- 

romoD  to  nothiu;^,  and  ibis  Scheme,  after 

aN  tbiir  o!>jections,  stands  confessed,  as  well  as 

\  to  be  Mr.  Layer's  hand-writinpf. 

I  poll  ihe  fuunilation  of  all  this  proof,  which 

I  bitf  If  SVC  to  ob*ier\e  does  suppurt  nl!  tlie  other 

fsj^ni  fV'i.iiid  in  the  two  packets,  \hv.  Scheme 

aas  reail,  and  \%hen  it  was  read,  it  iTipiircd 

hirictest  attention;  for  in  thnt  paper  ap- 

(■Tk  a  rei^ohr  fleii;^,  formed   tor  tlip  totrd 

ihttiMtion  of  thisgfovemment,  to  Im?  exernted 

Ibecity  of  London,  the  capital  of  the  kin^- 

M.  'I^is,  if  there  was  no  nuire,  shews  a  just 

biMlation  for  wlint  was  hitoly  declarcfl  to  us 

■Bvilrniri  uiatincTf  tliut  ii'  this  cons|Mracy  had 

'W  l»«ii  h'.)ppily  d«rtected,  wo  should  before 

^  fciip  wciii  Ihjit  city  involved  in  blood  and 

lainn  ;  Kiich  uppr-irs  to  Im>  the  plain  intent 

^B^  The  most  pr(»!li;,^:»te  ot  the  people  were 

hbffr  ar.ii««  put  into  ili*ii'  hands,  in  order  to 

^Mue  and  pilt;*;;<;  the  Iw  Tor  sort. 

kibe  first  plucr,  ilic?  'I'nwr  r  v.  as  to  be  seiz- 
jlssda  ccrliin  otfircr  r.\|)(:<:ted  to  be  upon 
I^Jpard  that  day,  who  sliunid  hr  their  friend, 
is  the  party  who  \v«M'f>  tu  make  them- 
aaslert  of  that  ifnrris'tn.  'J  lie  Ko}al- 
^^,  bein}^  in  iIm*  lu-nitof  the  city,  was 
t  head-quarters  nf  the  genera*! ;  and 
Ity  was  to  plunder  the  liank.  So 
I  OS  a  taste  of  the  views  of  these 
Mf  spoil  and  rapine  were  not,  in  the 

at 


execution  of  their  desi^,  to  have  been  aoci« 
dental,  proceedin.ir  from  the  fury  of  action,  the 
common  excuse  for  such  outrages,  but  a  pre- 
meditated avowed  part  of  tlie  measures  con- 
certed before-hand. 

The  artillery  was  next  to  have  been  seized^ 
and  a  strata^m  is  contrived  to  effect  it :  and 
to  crown  all,  his  majesty  himself  was  to  he 
made  their  prisoner:  Horrid  resolution!  co- 
loured indeed  with  the  name  of  securing  his 
royal  person  from  the  insults  of  the  mob ; 
but  how  thin  a  pretence  this  is,  I  need  not 
spend  time  to  explain  to  you,  since  the  writer 
of  the  Scheme  himself  has  called  it  but  a  pre-» 
tence. 

The  Scheme  goes  on,  and  the  conspirators 
bein^;^  sensible  bow  much  our  future  hopes,  as 
well  as  our  present  happiness,  depend  on  the 
Protestant  Succession  in  his  majesty's  family^ 
the  next  ste|»  to  be  taken,  is  to  gfct  his  royal 
highness  the  prince  into  their  power — a  prince 
at  Richmond,  described  under  a  cant  name, 
but  the  meaning  of  it  is  plain.  When  all  thitf 
appears,  how  can  the  counsel  for  tlie  prisoner 
object,  that  there  is  not  sufficient  foundation  to 
accuse  their  client  directly  of  comfiassinfr  the 
death  of  the  kincr?  Could  this  have  ended  in 
any  thin{v  else?  Or  can  any  one  dream,  thai 
eiilici'  of  those  precious  lives,  I  have  now  men- 
tioned, could  have  been  preserved  in  the  hands 
of  such  miscreants? 

Caentlcmen,  havin^if  observed  thus  much,  ia 
short,  upon  the  nature  of  the  Scheme,  it  will 
be  proper  to  take  notice  to  you,  that  as  this 
paner,  thus  fully  proved,  is  of  itself  a  strong- 
evidence,  so  it  frreatly  corroborates  and  sup- 
ports the  testimony  of  the  two  witnesses,  as  to 
every  one  of  the  overt- acts  char^red  in  the  in- 
dictment, and  tallies  with  it  tlirout^hout. 

This  is  true  as  to  the  {general  design,  but  ap- 
pears mftst  remarkably  in  some  of  the  parti- 
cular fncls.  The  project  laid  down  in  the 
Scheme  for  Rcizinir  the  Tower  is  exactly  the 
snnie  with  what  Lyncit  told  you  the  prisoner 
c(MU!nnu!catod  to  him  whilst  tli^ey  were  viewin<; 
my  lonl  Ca<los^an*s  house :  *^  That  the  ofBccT 
who  should  be  up^n  duty  there  that  day  mig-ht 
be  their  friend,  and  favour  the  desip:n."  In 
Hke  manner,  the  circumstance  of  ei^ht  serjeant«. 
beinjf  to  have  in  readiness  25  men  a-pie<ie,  fall* 
in  with  what  Plunkctt  the  serjcant  swore,  that 
he  was  to  procure  that  immber  of  old  soldiers 
to  enrriij^e  in  the  enterprize. 

Jiut  there  is  one  observation  arisinpf  from  a 
circumstance  of  lime,  which  is  exti^mcly 
strori{^  in  coiifiniiatiou  of  the  testimony  of  the 
witnesses,  and  shews  manifestly,  that  the  ac- 
count they  ifive,  must  arise  only  from  their 
knowled{;e  of  the  truth  of  \\\v.  fact,  an<l  roulil 
not  possibly  be  framed  and  modelled  to  answer 
thtse  pa|>ers ;  ii  is  this,  that  IVIr.  Layer,  who 
was  taken  up  on  the  intbrmati(»n  of  Lynch  and 
Plunkctt,  was  actually  in  the  custody  of  a 
mcsscu<;er,  and  made' his  e*<i.'a|ie  on  the  lOtli 
(lay  of  September  last ;  but  liirM*  papers,  which 
thus  fidl  in  \>iili,  and  support  the  facts  they 
swear,  were  not  seized,  as  the  two  mssaenj^era 

T 


I 


^ 
^ 
^ 


EOHGE  L 

qutimt  you,  tin  llie  ii9i\i  of  that  tnODlh  ; 
rliich  if  iieiyr  ten  days  nfier. 

Genil^tnen,  one  would  have  thought  there 
tiad  b*»en  no  »icraKion  to  go  any  farther 

IV] y  lurd,  I  dtf^ire  that  the  |irii»ODer  muy  not 
talk  iu  ih«  jury,  ^hitsl  I  atu  obaerviDg^  upon 
the  evidence. 

L.  C,  J,    Sir,  you  must  not  do  it. 

FrUoner,  My  lord,  I  did  oot  speak  to  like 
jury. 

ftlr  Hungerford  offers  to  speak. 

L'  C.  /.  I  tell  you,  Mr.  Hiingerfordf  it  is 
fiot  right;  Mr.  Layer  haih  made  his  observa* 
tion«  to  the  jury,  nod  made  lus  nods,  and  some- 
times 1  have  teen  his  lips  move, 

}*risoTter.     You  can't  tell  what  I  said. 

Sol.  Gen.  I  saw  you  turn  abunt  to  the  jury, 
and  saw  your  (i|»s  move  at  the  s<ima  time.  My 
lord,  f  desire  he  may  stand  up,  aud  look  to- 
tfards  Ihc  Court,  which  is  his  proper  posture, 

Gentlerneo,  I  wa«  saytog,  that  after  this 
Si  "heme  had  been  produced,  one  would  have 
thought  ihe  ki ring's  cuunsel  might  Mifefy  have 
rt-sted  ii  here,  tan  any  body  doubt  of  this 
treason,  ami  of  the  prisooer^s  part  in  it,  when 
he  himself  hath  thought  fit  to  record  the  con- 
spiracy viith  his  own  hand  ?  However,  we  did 
not  lea  re  it  here  :  hut  in  order  to  give  you  en- 
tire satisfaction  how  deeply  this  genikman  was 
engaged,  what  a  large  share  he  had  taken  upou 
him,  and  how  dangerous  and  extensive  this 
conspiracy  was,  we  read  several  other  papers. 
They  consist  of  li&is  of  iho  names  of  several 
peisons,  many  of  them  otficers  of  the  guarrls, 
aud  of  thtj  army  ;  some  of  them  general  list*, 
others  particular:  for  what  purpose  these  must 
have  been  made  up  or  procured,  by  a  person 
eniraged  in  siuch  a  desij^ti,  is  e^itremely  plain. 

My  lord,  it  hath  been  said  with  great  justice, 
thai  ihts  is  not  to  be  so  understood,  as  to  bring 
any  imputation  on  the  gentlemen  named  in 
tliese  li^t.s,  I  dare  say,  thut  by  far  the  gi^ater 
numl^er,  if  not  all  of  thrin,  are  persons  of  Ihe 
utmost  fidelity  to  his  majesty,  and  zeal  for  his 
service.  Hut  men  engaged  in  such  designs, 
who  are  plotting  lo  overturn  a  government, 
must  weigh  and  calculate  the  strength  of  that 

fovernment,  as  well  as  their  own.  They  must 
now  who  is  to  he  relied  upon  on  on^  side  as 
well  as  the  other,  and  consider  who  are  tit  to  he 
applied  to,  aud  who  not ;  iherefore  they  must 
take  an  account  of  persons  concerning  whom 
they  have  no  hopes^  as  well  as  those  of  whom 
they  have  hopes.  Thus  it  was  in  my  lord 
Preston's  case ;  be  had  got  lists  of  ships,  and 
ol"  the  king's  olticers  and  troops:  The  meaning 
of  it  was  well  understood  upon  his  trial ;  the 
Court  uuJer.^tood  it,  and  the  jury  understood  ii, 
that  he  hud  procured  them,  iu  order  to  the  better 
information  of  himself  and  his  accomplices  iu 
Ihe  conduct  of  that  plot. 

Gentlemen,  in  the  next  place,  several  letters 
were  read  to  you,  wbkli  were  also  found  a  iiiouifst 
the  papers  dejio^tited  by  the  prisoner  with  Mrs. 
Mason.  You  will  remennher  on  this  occasion, 
mhaiMiW^  Alasoa  swore,  that  the  prisoner  hath 
S 


T-^ 


^ 


rml  of  Chfisiojiher  Layer  ^ 

some  time  gone  by  the  name  of  Foaoli 
gave  directions  to  hiT  that  \^  any  leltri 
directed  lo  ^r.  Founiaiiie,  she  should  lal 
in,auddeh«er  them  to  him.     8 he  teUi 
letter  did  come  directed  to  Mr.  Founlaii 
she  delivered  it  to  the  prisoner*  who 
read  il,and  kfpl  it  ai^a  letter  li»r  him  \  wl 
an  ex|iress  owtiing  ol  thut  nam^,  aii4 
of  the  letters  now  produced  are  directitS 
name  of  Fouutaine. 

There  was  fouod*  together  with  the* 
a  cypher,  that  \9,  a  fist  of  tWit^cRil  oa.  «  : 
persons  and  things,  which   bus  heen      i 
read  ;  and  in  this  cypher  the  caut  expa 
made  Uife  of  in  the  letters  are  contmiaG 
the  persons  and  things  signi6ed  by  i^"  >  *^ 
phcrtd  iu  plain   words*,      iSir  Will 
follower  of  the  Urelender,  with  ^v 
pears  the  prisoner  had  settled  a  cori 
is  there  described  by  the  name  < 
and  ibe  (irnt  letter  that  was  reud,  \-^  ^.u! 
with  that  name  and  directe«l  to  Jaisi*^^ 
laine,  esq.  In  that  letter  sir  Wdliam  Ll!ir 
him   '^  be  is  entirely  of  his  opinion   as  Ic^ 
uiethod  of  carr)  iog  on  the  maniiraclOTy^ 
the  procuriiitT  ul  good  workmen,    is  tbe 
step  to  he  madtfJ*     Manufactory  waute^i 
explanation,  but  ii  is  fuUy  cleared   up  l>y  **lfc> 
H(»rd — '  Morkmen,*  which  Inllows.      For  '*5' 
into  the  cypher,  and  *  workmen'  stands  for  ***jL 
diers;'  so  ihal  the  *  manufactory'  must  h**  "ir/^ 
as  It  uiuj  fit  for  ♦  soldiers'  to  work  in,     U* 
on  and  advises  him  narticutarly  '*loget 
the  ablest  of  Mrs.  Barbara  Sniitirs,*'     Bai 
iu  Ihe  cypher  means  the  ^arrny  ;'  so  the  adi 
nmoiintsi  to  this,  that  in  onier  loriii^e  arehelli 
he  e»lKiutd  seduce  bomR  of  the  nbleii^t  coldters 
the  king's  army.      A  counsel,  which  is 
made  %cry  plain,  the  prisoner  bum  endeaw 
punctually  to  follow.     To  eneonrage 
this,  he  tells  him,  **  that  it  will  be  very  a; 
to  ,all  concerned — particularly  to  Mr. 
Now,  according  lo  the  prisoner's  own  explni 
lion  in  ihis  cypher,  Aikins  is  one  of  the  feigi 
names  for  the  I'l  etf nrier. 

The  next  letter  is  dated  the  1  Ith  of  July  I 
sobbcril>e<l  N\  C.  and  ackno\tlerlges  the  rci 
of  a  leUer  dated  the  8lh  of  May,  with  auol 
letter    inclosed,    which    the  i^ritcr  asv^,  ' 
presently  delivered  to  Mr.  St.  John,  w\>o  ti 
tt  extreme  kittdly  :   Look  into  the  cypher,  aad 
it  appears  tliut  Mr.  8t.  John  is  one  ^f  the  ficti- 
tious nsmes  for   ilie  Pretender ;  so  that  ititi 
letter  shew  s,  thnt  the  r»ersnn  to  whom  it  ^n 
written,  corre:>pondedimmefliatHy|with  til 
tender  htdisell.     But  it  st^ems  Mr,  Si.  J 
not  well  understand  wbalrclatt-d  to  Mr.  ii.ii 
ford,  which  the  hnter-writer  hopi*5  may  i»<  su^n 
cleared  by  an  answer.     What  il\ts  wa» 
wanted  explanation,  is   in   the  dark  \    \ 
much  We  know  tlmi  iu  the  prisoner**  c>  puti, 
Bmffird  stand:^  tor  the  earl  of  Orr*ry, 

There  in   another  letter  dni**!!   ihe  '^7'^   '^^ 
May,  iu  \Uiich  live  writer  ti*l|j«  Mr,  La>  <• 
their  frieud  had  hi>!;  teller  of  ihe^sd  ol'  .'\i „,.,,, 
and  li>ok  very  kindly  ihi*  cai«  he  hud  taken  at 
his  little  -coiujariifi.      IViio  is  meant  by  that 


«") 


Jhr  High  Treason* 

cmtkcerm  ^^tre  the  prisoner'*  r are* 
"f '*    Aplietr;  hut  it  in  very  tin- 
lje  liftiiip  |H^r^n  before  oiUcil 
If,      However,  it  stents  tlitii- 
I  a  loss  ftboul  ct^rtaiD  niiines 
.ill,  ilie  tiiUe  soldier,  and 
fiBiniii,  '■'  n  hift  rental. 

TW  »♦  iUr.  La}cr*«cy|ilier,  li 

ibe^aMi  ten**  hir  acviilier;  and  in  that  likewise; 

tff%  la  W    tiHimi  (be  olher  words,  tvhieh  Itia 

fjaal  M    ont  then  umleistand;    parlicutarly 

%a«^  avbich  ifl  put  Uieie  tor  the  Jord  Nfirtli 

«il6nj.      But  tl  ibat  did  not  appear  hy  the 

y¥%    liie    deacHpHoQ    urhich    follous, 

imi^u^h  to  ciiin  i:       ,  :      v  man  in  liis 

HMteifu%mrnt  who  w  Uy  it — **  He 

•«flfce^'  ''*■   "•  — «'y  hiiiiKO  iinrji*ijiinao,**caiit 

«fii~«u«  I  \*  hicli  tnke  in  both  the  titles 

•I  Ili4t  tit^i.. vi .     Tlt^  letter-  writer  adds,  that 

*OBir  frieofi  (the  same  wr hose  concerns  were 
aia  oare  ofjtery  well  remembers  rhia  per- 
1^  soil  luUb  a  rery  particular  esteem  and  value 
lb  liifn,  ftii«l  that  he  is  (iti  tbeir  pttrnse)  a  very 
fM4l«Miil,  ood  a  very  honest  mau,^* 

QevdcaieB*  some  of  the  papers  were  read  to 
fM  fii  m  more  exlraordinary  nature  titan  even 
ftM»  IcUara ;  J  tnean  the  notes  signed  Jajnes  U. 
mah  tlm  l*t»tri%dt.T'x  owti  hand*  These  are  not 
«ily  Boe  e**dcnce  *ir  the  plui,  but  a  part  of  the 
■am  kiy  whirh  it  wns  to  be  ei)>cted ;  for  they 
m  be  rt'ceipta  fratued  with  blankn,  to  be 
mp  Willi  siifiit  id  money  as  occasion  uf- 
with  a  promise  of  rt'j»f<yii*i'Bt  with  in. 
Tb»*-  ^*"''*  ^'ttTie  at  the  ways  and 
for  ntti'  s  out  of  the  pockets  «t 

lUp  at  ,,.  .^.  i  ^^  luund  weak  nnd  silly. 
iJ  s»  wit:k«iienoii(;h,  to  advance  monc^y 
m.  shidov  of  a  security,  tor  so  flagitioui 
•  Mr|Miae.i  Hut  they  ask  us,  who  proves  the 
■Miariipliofi  to  he  the  Pretender's  handf  I  an- 
•wr.  It  tscrrtnin  ll/nt  it  not  material  ;  hut  if  \\ 
w«  Uavc  It  liufiicienily  from  the  prinnner 
Tbe  account  he  hath  thoujfht  Ht  tu 
iC  tbcni^  yen  have  heard  from  Mr.  D<-1a- 
>  to  hia  correspondent 
ir  William  could  send 
^  r  the  kintr^a 
ler)  he  l^e- 
M  the  cany- 
th:it  his   intention   was  to 


uc  ii;i4cjir  \i\r^  mi 


\  his  friends,  and  to  hate  raised  money 

Mr»oct(»t9,     I'biii  nbewsthe  priHoner  re- 

t  llirtii  aa  being  «i^Mud  with  the  l*retendf  r*s 

and   ihcwt  hkrwixe  the  uite   in- 

I  la  ba  made